Statute
Fourth Amendment
736 published works
Constitutional Law Prof Blog
Fifth Circuit Case Shows What it Takes to Succeed on a Municipal Liability Failure-to-Train Claim
Steven D. Schwinn, John Marshall Law SchoolThe Fifth Circuit last week declined to dismiss a case against the Houston School District for failure to train its employees on Fourth Amendment…
Data Protection Report
US Supreme Court expands digital privacy rights in <em>Carpenter v. United States</em>
By Jeewon Kim Serrato (US), Anna Rudawski (US), Alexis Wilpon (US)
On June 22, 2018, the US Supreme Court issued a 5-4 decision in Carpenter v. United States, holding that the federal government needs a warrant to access cellphone location records.…
Data Counsel
Privacy Advocates See Victory as Supreme Court Extends Fourth Amendment Protections to Historical Cellphone Location Information
By Jonathan B. New, Brian P. Bartish
On June 22, the Supreme Court issued its highly anticipated decision addressing privacy in the digital age, holding that the government generally must obtain a search warrant supported by probable…
HL Chronicle of Data Protection
U.S. Supreme Court Holds that Historical Cell Site Location Data Is Subject to a Reasonable Expectation of Privacy
By Timothy Tobin, James Denvil, Shee Shee Jin
In a landmark 5-4 decision, the United States Supreme Court held that the government conducts a search under the Fourth Amendment and therefore, absent exigent circumstances, needs a warrant supported…
PrawfsBlawg
SCOTUS Term: Teaching Carpenter v. United States
Main Friday, June 22, 2018SCOTUS Term: Teaching Carpenter v. United StatesBecause I teach criminal procedure but write mostly about the First Amendment (I do have some Fourth Amendment pieces), I…
Inside Global Tech
IoT Update: Supreme Court’s Carpenter Decision Requires Warrant for Cell Phone Location Data
By Jim Garland
In a decision that defines how the Fourth Amendment applies to information collected in the digital age, the Supreme Court today held that police must use a warrant to obtain…
Privacy and Cybersecurity Perspectives
SCOTUS Requires Warrant for Cell Phone Location Records
Today, in a 5-4 decision, the US Supreme Court ruled that the government’s acquisition of information regarding an individual’s location based on a cell phone record amounts to a Fourth…
Sentencing Law and Policy
SCOTUS rules 5-4 to extend Fourth Amendment protections to cell-site records inCarpenter
Main June 22, 2018SCOTUS rules 5-4 to extend Fourth Amendment protections to cell-site records in CarpenterThe Supreme Court this morning handed down the biggest criminal case of its concluding Term,…
Supreme Court Update
South Dakota v. Wayfair (17-494), Lucia v. Securities and Exchange Commission (17-130), Wisconsin Central v. United States (17-530)
By Kim Rinehart, Tadhg Dooley, David R. Roth
We're getting there. Four more decisions this morning, including one of the A-list blockbusters of the term, Carpenter v. United States (No. 16-402), in which the Court limited the "third-party…
Sentencing Law and Policy
Is it too early to conclude the new guy, Justice Neil Gorsuch, is going to often(?) favor federal criminal defendants in close cases?
Main June 20, 2018Is it too early to conclude the new guy, Justice Neil Gorsuch, is going to often(?) favor federal criminal defendants in close cases? There are still a…