The Fourth Circuit, which takes up federal appeals from Maryland, North Carolina, South Carolina, Virginia and West Virginia, is the fifth appeals court in the nation to apply the third-party doctrine to cellphone location data. Electronic Frontier Foundation senior attorney Jennifer Lynch said this makes it less likely that the Supreme Court will take up the issue.

"In many cases, the Supreme Court will only take a case if there is a circuit split," Lynch said.

Thursday, June 2, 2016
Courthouse News