New opinion–en banc ruling in the car GPS search case

In a major 4th Amendment ruling, a sharply divided en banc court today held that evidence gained through warrantless installation of a GPS on a car was admissible under the good-faith exception to the exclusionary rule.

The case is US v. Katzin. Opinion by Van Antwerpen, joined by Rendell, Fisher, Chagares, Jordan, Hardiman, Vanaskie, and Shwartz. Main dissent by Greenaway, joined by McKee, Ambro, Fuentes, and Smith; Smith also wrote a brief dissent that the other dissenters all joined. Arguing counsel were Catherine Crump of ACLU for Katzin and amici, and Robert Zauzmer for the government.