Latest in Fourth Amendment

U.S. Supreme Court

Summary: The Supreme Court Rules in Carpenter v. United States

On Friday, June 22, the Supreme Court issued its much-anticipated opinion in Carpenter v. United States, holding that a warrant is required for police to access cell site location information from a cell phone company—the detailed geolocation information generated by a cellphone’s communication with cell towers.

U.S. Supreme Court

Understanding the Supreme Court’s Carpenter Decision

The Supreme Court has handed down its long-awaited decision in Carpenter v. United States. The opinion is only an hour old as I start to write this, but I wanted to offer some initial thoughts that I will also cross-post at The Volokh Conspiracy.

I'll do it in the form of a question-and-answer session, asking questions you may have and offering answers as best I can. Also, rather than wait to the end and post all of my thoughts at once, I will add to this post throughout the day.

Fourth Amendment

Summary: Circuit Split on Device Searches at the Border in US v. Touset

More and more federal courts are confronting the question whether the government’s traditional authority to search persons and property at the border—without a warrant, and typically without any degree of individualized suspicion—extends to travelers’ electronic devices.

Fourth Amendment

The Dubious Legal Claim Behind #ReleaseTheMemo

It seems likely that the House Intelligence Committee will soon #ReleaseTheMemo. According to press reports, the memo claims that the FISA application to monitor Trump campaign advisor Carter Page included information sourced from former British intelligence officer Christopher Steele "without adequately explaining to the judge that Democrats financed Mr. Steele’s research."

Fourth Amendment

The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Last month, the Supreme Court held argument in Carpenter v. United States, the pending case on whether the Fourth Amendment protects cell-site records. There seemed to be at least five votes sympathetic to ruling for Carpenter. At the same time, there was very little agreement about how to get there. What line should the Court draw, and based on what rationale? No clear answers emerged.

Fourth Amendment

Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?

There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential transition team's emails. One of the claims in Langhofer's letter is that the access violated the Fourth Amendment. I haven't seen a substantial legal analysis of this issue yet, so I thought I would try one.

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