United States v. Aaron Graham

I concur in the judgment affirming Defendants’ convictions and sentences. But, with respect, I dissent from the holding that the government violated Defendants’ Fourth Amendment rights. The majority concludes that the government did so when it obtained, pursuant to 18 U.S.C. § 2703(d) court orders, but without warrants, records of the cell phone towers Defendants used to make and receive calls and text messages. That holding flies in the face of the Supreme Court’s well-established third-party doctrine.1

The Court has long held that an individual enjoys, “no legitimate expectation of privacy,”…