How should a court rule when the subject of an order to compel decryption of a device pleads the Fifth Amendment?
Orin Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. He is a nationally recognized scholar of criminal procedure and computer crime law. Before becoming a law professor, Kerr was a trial attorney in the Computer Crime and Intellectual Property Section at the Department of Justice and a Special Assistant U.S. Attorney in the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
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How to think about a recent privacy case before the U.S. Court of Appeals for the Fifth Circuit.
Public Utility's Recording of Home Energy Consumption Every 15 Minutes Is a 'Search,' Seventh Circuit Rules
The decision is an interesting measure of where Fourth Amendment law may go in the post-Carpenter era.
A midyear supplement to cover the Supreme Court's Carpenter decision, the Cloud Act and more.
How might a Justice Kavanaugh approach search and seizure cases ?
Carpenter holds, for the first time, that a search can occur without it being a taking of information from any particular place, thing, or person.
There is a lot that is extraordinary and groundbreaking in Carpenter, but the case makes only a small and likely necessary resolution of an unsettled question in the law of subpoenas.