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Depending on the theory that the court adopts, assuming there is something clear enough,

you're going to see litigation over thousands upon thousands of criminal cases across the country,

challenging the record collection as being like the cell site records in Carpenter.

You're going to have just massive amounts of litigation.

And of course, may try to avoid that with the good faith exception.

They'll say this record collection happened before the Carpenter case.

The fourth amendment question is just on remedy grounds.

But it's going to immediately trigger incredible amounts of litigation,

assuming that justices have a hard time drawing a clear line as to what is covered and not covered.

That's always been Carpenter's problem.

What's the line you're going to draw and what are the implications?

You can sort of think of these cell site records as part of a constellation of maybe 200 or 300 different kinds of third party business records.

And if you're going to pluck that one out, which other ones do you pluck out?

And you could say, we're not going to tell you.

In which case, it could be pretty remarkable follow through if they do that.

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