U.S. v. CARPENTER

Nos. 14-1572, 14-1805.

819 F.3d 880 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Ivory CARPENTER (14-1572); Timothy Michael Sanders (14-1805), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2016.


Attorney(s) appearing for the Case

ARGUED: Nathan Freed Wessler , American Civil Liberties Union Foundation, New York, New York, for Amicus Curiae. Harold Gurewitz , Gurewitz & Raben, PLC, Detroit, Michigan, for Appellant in 14-1572. Evan Howard Caminker , United States Attorney's Office, Detroit, Michigan, for Appellee. ON BRIEF: Harold Gurewitz , Gurewitz & Raben, PLC, Detroit, Michigan, for Appellant in 14-1572. S. Allen Early , Law Office of S. Allen Early, Detroit, Michigan, for Appellant in 14-1805. Evan Howard Caminker , United States Attorney's Office, Detroit, Michigan, for Appellee. Nathan Freed Wessler , American Civil Liberties Union Foundation, New York, New York, Daniel S. Korobkin , Michael J. Steinberg , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, Rachel Levinson-Waldman , Michael W. Price , Brennan Center for Justice at New York University School of Law, New York, New York, for Amicus Curiae.

KETHLEDGE, J., delivered the opinion of the court in which GUY, J., joined. STRANCH, J., joined the opinion in part and the result in part. STRANCH, J. (pp. 893-97), delivered a separate opinion joining in Parts II.B and III of the majority opinion and concurring in the judgment only with respect to Part II.A.


OPINION

In Fourth Amendment cases the Supreme Court has long recognized a distinction between the content of a communication and the information necessary to convey it. Content, per this distinction, is protected under the Fourth Amendment, but routing information is...

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