District Courts Are Bound by the Law of Their Circuit & Are Not to Resolve Circuit Splits No Matter How Egregiously Erroneous They May Feel Their Own Circuit to Be (Good Quote)
United States v. Joyner, 2016 U.S. Dist. LEXIS 90241 (N.D. Ga. May 24, 2016):
The Government again has the better arguments. Davis held that the Government does not need a probable cause-based search [*9] warrant to obtain, as here, historical cell site information under § 2703(d). Davis, 785 F.3d at 513. That decision is binding on this Court. See Fox v. Acadia State Bank, 937 F.2d 1566, 1570 (11th Cir. 1991) (recognizing that "a district court in this circuit is bound by this court's decisions"); Litman v. Mass. Mut. Life Ins. Co., 825 F.2d 1506, 1508 (11th Cir. 1987) ("Absent a Supreme Court decision to the contrary, district courts are compelled to follow mandates of appellate courts.") (citing In re Sanford Fork & Tool Co., 160 U.S. 247, 255 (1895); Sibbald v. United States, 37 U.S. (12 Pet.) 488, 492 (1838)); see also Zuniga v. United Can Co., 812 F.2d 443, 450 (9th Cir. 1987) ("District courts are . . . bound by the law of their own circuit, and 'are not to resolve splits between circuits no matter how egregiously in error they may feel their own circuit to be.'") (quoting Hasbrouck v. Texaco, Inc., 663 F.2d 930, 933 (9th Cir. 1981)). Thus, law enforcement may obtain historical cell site location data by an order issued pursuant to § 2703(d).
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