Justice Mundy would have been the fourth vote for this view. She wrote a brief concurrence saying that she agreed with Justice Wecht, but that would not take a formal position on the question as she ...

I have posted a revised version of my draft paper, Data Scanning and the Fourth Amendment. It adds a bunch of new cases, including the various opinions from the Fourth Circuit's en banc ruling in ...

Thursday, against a resolution that would have affirmed the county's commitment to upholding protections outlined in the ...

The Ohio Supreme Court unanimously ruled July 2 that location data voluntarily provided by smartphone app users is not protected by the Fourth Amendment. Chief Justice Sharon Kennedy wrote in a ...

POLK COUNTY, Fla. — Polk County Sheriff Grady Judd is often an outspoken supporter of the Second Amendment. But this week, the sheriff is wading into debate over a different constitutional right — the ...

Fourth Amendment rights and religious freedom were the main arguments during a court hearing in the legal battle over migrant documents between the Texas Attorney General's Office and El Paso's ...

This article explains how new surveillance and biometric tech, like drones and facial recognition, challenge privacy rights. Courts are increasingly scrutinizing when warrants are needed, balancing ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

In April 2018, a remarkable event occurred that forever impacted criminal investigations. The Golden State Killer was finally arrested. And, more interestingly, was the method law enforcement used to ...