Here’s the Fifth Circuit decision approving of such searches. A bunch of people e-mailed me about this — it’s worth a read, and laypeople should find it quite readable (though not short). I think the dissents are ultimately more persuasive than the majority, but I probably won’t have a chance to blog more about the reasons: I’m swamped right now with a couple of writing projects; the legal issue is fairly complex and would thus take some time to explain well; and because it isn’t my core area, I don’t have the quick familiarity with all the issues that would let me comment quickly and clearly. Still, it is an important question, and worth watching. I think the Supreme Court ought to grant certiorari on this, but I’m not sure whether there’s a circuit split on the question, and I doubt that the Justices will agree to hear the issue unless there is a split.
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