Under what has come to be known as the Katz test, a defendant seeking to invoke Fourth Amendment protections against a warrantless government search must prove that he or she had a subjective ...
The Pennsylvania Supreme Court handed down its long-awaited ruling in Commonwealth v. Kurtz today, on whether there are Fourth Amendment rights in Google search terms. Among the seven Justices, three ...
A recent New York court case upheld a murder conviction despite claims that DNA evidence used violated the defendant’s Fourth Amendment rights. The case highlights ongoing legal questions about ...
We close our series on the new Roberts Court and restoration of the Constitution’s original understanding with the issue most distant from the Framing: the rise of a new high-tech world. We now hold ...
Part of the bedrock of American civil liberties is the Fourth Amendment's prohibition against unreasonable searches. There is no right to privacy, and no due process in the justice system, without ...
Tracey Maclin is a law professor at the University of Florida Levin College of Law. In 1760, the most powerful government on the globe initiated a crackdown on illegal imports by American colonists ...
It’s been a few years since the Supreme Court heard a major Fourth Amendment case. That will change next month when the justices hear oral arguments in Chatrie v. United States on the government’s use ...
And last week, we got official word that they don’t have much use for the Fourth Amendment, either. That’s the one that is supposed to protect everyone in the country from unreasonable search and ...
Like many an incautious criminal, Okello Chatrie was nabbed because of his telephone use. The Virginia armed bank robber wasn’t tracked down based on wiretaps, logs of traditional landline calls, ...