I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was required for two days of cell-site data under the Stored Communications Act.

Confusion will continue.

This week, the Supreme Court declined to hear Davis v. United States, in which Davis challenged his conviction in Florida based on cell-site data evidence.

At the end of October, the Fourth Circuit granted a petition for rehearing en banc in US. v. Graham.

So, members of the criminal bar: there is no clear guidance. You can probably expect some (justifiably) confused judges if this issue comes up in your cases.