Audio of this morning’s en banc argument in USA v. Katzin is up already, here. Katzin is a high-profile Fourth Amendment case. The specific issue at argument was application of the good-faith exception to warrantless vehicle placement of a GPS, a search not covered by binding precedent. My argument preview is here. Lead EDPA appellate AUSA Robert Zauzmer seems likely to extend his impressive en banc win streak; in my opinion he’s one of the top oral advocates regularly appearing in CA3.
Chief Judge McKee offered a characteristic practice pointer, commending Zauzmer for admitting that he was seeking a slight extension of a particular case, noting “lesser advocates would not have done this.”
Catherine Crump argued for the defendant (starting at 27:50 in the audio). At the close of argument, McKee described her argument as “phenomenal.”
For more, early AP news coverage here.