Legal Opinion · Concurring in the judgment

United States v. Melvin Skinner

Court of Appeals for the Sixth Circuit

Decided August 14, 2012No. 09-6497Published

1Concurring in the judgmentDonald, Circuit Judge

I join Parts II.B and II.C of the majority opinion, which conclude that the evidence was sufficient to support Skinner’s conviction for conspiracy to commit money laundering and that Skinner was not entitled to a mitigating-role reduction in sentencing. As to Part II.A, I concur only in the judgment because I do not agree that Skinner lacked a reasonable expectation of privacy in the GPS data emitted from his cellular phone. In my view, acquisition of this information constitutes a search within the meaning of the Fourth Amendment, and, consequently, the officers were required to either…

2Cases cited11 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Smith v. MarylandSupreme Court of the United States · 1979
  4. California v. CiraoloSupreme Court of the United States · 1986
  5. United States v. KnottsSupreme Court of the United States · 1983

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