ORIN KERR: Applying the Mosaic Theory of the Fourth Amendment to Disclosure of Stored Records. “I’ve blogged a few times about United States v. Maynard, the controversial D.C. Circuit case holding that over time, GPS surveillance begins to be a search that requires a warrant. Maynard introduced a novel mosaic theory of the Fourth Amendment: Although individual moments of surveillance were not searches, when you added up the surveillance over time, all the non-searches taken together amounted to a search. The obvious question is, just how much is enough to trigger a search? At what does point the Constitution require the police to get a warrant? This issue recently came up in a court order application before Magistrate Judge James Orenstein in Brooklyn seeking historical cell-site location for two cell phones used by a particular suspect.”