Legal Opinion

In re the United States

Court of Appeals for the Fifth Circuit

Decided July 30, 2013No. 11-20884PublishedCited by 118 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

We are called on to decide whether court orders authorized by the Stored Communications Act to compel cell phone service providers to produce the historical cell site information of their subscribers are per se unconstitutional. We hold that they are not.

I. FACTUAL AND PROCEDURAL BACKGROUND

In early October 2010, the United States filed three applications under § 2703(d) of the Stored Communications Act (“SCA”), 18 U.S.C. §§ 2701-2712, seeking evidence relevant to three separate criminal investigations. Each application requested a court order to compel the…

2Cases cited40 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Smith v. MarylandSupreme Court of the United States · 1979

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3Cited by118 opinions

  1. Carpenter v. United StatesSupreme Court of the United States · 2018
  2. Matthew Alexander v. Verizon Wireless Services, LLCourt of Appeals for the Fifth Circuit · 2017
  3. United States v. Aaron GrahamCourt of Appeals for the Fourth Circuit · 2016
  4. United States v. Quartavious DavisCourt of Appeals for the Eleventh Circuit · 2015
  5. United States v. Timothy SandersCourt of Appeals for the Sixth Circuit · 2016

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