The only en banc argument on the Third Circuit calendar is United States v. Katzin. The argument is set for May 28.
Katzin involves two related issues:
- Do police need a warrant to attach a GPS to someone’s car? and
- Do the fruits of a warrantless GPS search get suppressed?
All 3 panel judges agreed that a warrant is required, and the majority held that the fruits must be suppressed per the exclusionary rule. No circuit had reached either issue.
The panel author was Greenaway, joined by Smith; Van Antwerpen dissented. Arguing counsel were Thomas Dreyer and Rocco Cipparone Jr. for the appellants, Catherine Crump for amici ACLU and NACDL (with CA3 superstar Peter Goldberger on brief), and Robert Zauzmer for the Government.