I'm not sure I would agree that letting a split decision on a case that ended up being decided on non 4th amendment grounds is really taking a position on the m

I'm not sure I would agree that letting a split decision on a case that ended up being decided on non 4th amendment grounds is really taking a position on the matter but you're right. I'm genuinely not sure what the outcome would be if there was a circuit split and they were pressured into hearing it.