White Collar Roundup (November 2015)

Fourth Circuit to Address Cell Phone Location Rules En Banc  

The U.S. Court of Appeals for the Fourth Circuit has agreed to rehearing en banc in United States v. Graham. A three-judge panel had previously decided that law enforcement officers would have to get a warrant to collect cell phone location data from private service providers. The panel held "that the government's warrantless procurement of the [cell site location information] was an unreasonable search in violation of [the defendants'] Fourth Amendment rights." But the panel held that the evidence should not be suppressed "because the government relied in good faith on court orders issued in accordance with Title II of the Electronic Communications Privacy Act, or the Stored Communications Act." After the panel opinion was issued, the government sought en banc rehearing regarding the Fourth Amendment violation, and the defendants sought en banc rehearing regarding the exclusionary rule. The court granted