UNITED STATES v. WILSON

No. 18-50440.

13 F.4th 961 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Luke Noel WILSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2021.


Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, California, for Defendant-Appellant.

Peter Ko (argued), Assistant United States Attorney; Helen H. Hong , Chief, Appellate Section, Criminal Division; Robert S. Brewer, Jr. , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Jennifer Lynch and Andrew Crocker , Electronic Frontier Foundation, San Francisco, California; Jennifer Stisa Granick , American Civil Liberties Union Foundation, San Francisco, California; Brett Max Kaufman and Nathan Freed Wessler , American Civil Liberties Union Foundation, New York, New York; for Amici Curiae Electronic Frontier Foundation and American Civil Liberties Union Foundation.

Marc Rotenberg , Alan Butler , and Megan Iorio , Electronic Privacy Information Center, Washington, D.C., for Amicus Curiae Electronic Privacy Information Center (EPIC).

Ryan T. Mrazik , Erin K. Earl , and Rachel A.S. Haney , Perkins Coie LLP, Seattle, Washington, for Amici Curiae Google LLC and Facebook, Inc.

Before: Marsha S. Berzon and Paul J. Watford, Circuit Judges, and Robert H. Whaley, District Judge.


OPINION

We once again consider the application of the Fourth Amendment's warrant requirement to new forms of communication technology. See, e.g., United States v. Cano, 934 F.3d 1002 (9th Cir. 2019); cf. Carpenter v. United States, ___ U.S. ___, 138 S.Ct. 2206, 201...

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