Orin Kerr says the 11th Cir decision is based on a misunderstanding of 4th Am law: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/11/eleventh-circuit-disagreeing-with-the-fifth-holds-fourth-amendment-protects-cell-site-records/ … idk shouldn’t we link 1st & 4th?
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Kerr tends to give really short shrift the the role of freedom of association in interpreting the bounds of 4A, which strikes me as odd
I guess it’s not a very clear rule and courts are only gesturing towards this linkage, but they’re still doing the gesturing! A lot of it!
