Third Circuit on the mosaic theory and Smith v. Maryland

[Draggingtree]

Washington Post: Third Circuit on the mosaic theory and Smith v. Maryland

In an overlooked unpublished decision from August, a panel of the Third Circuit rejected the argument that the Jones concurrences limit the holding of Smith v. Maryland. It's just an unpublished opinion, but it's the first federal appellate decision on this important issue of surveillance law that is likely to come up in the D.C. Circuit's pending case on NSA surveillance.

By Orin Kerr