Posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Earlier this week, the U.S. Supreme Court decided Herring v. United States, a case examining whether the exclusionary rule should apply to a search that was based on an error in a database. In particular, due to a negligent error in a computer database indicating that there was an outstanding felony arrest warrant for Bennie […]
I’m delighted to announce the publication of William J. Cuddihy’s The Fourth Amendment: Origins and Original Meaning 602 – 1791 (Oxford University Press, January 2009). The book has just come out in print, hot off the press, and it’s an absolutely essential volume for any scholar of constitutional history, criminal procedure, or the Fourth Amendment. […]
A recent NY Times article discusses how the police are increasingly collecting DNA samples from suspects — not with warrants or probable cause — they are gathering it surreptitiously from the abandoned DNA that people leave behind:
According to the AP: Amtrak will start randomly screening passengers’ carry-on bags this week in a new security push that includes officers with automatic weapons and bomb-sniffing dogs patrolling platforms and trains. The initiative, to be announced by the railroad on Tuesday, is a significant shift for Amtrak. Unlike the airlines, it has had relatively […]
Professor Christopher Slobogin (University of Florida College of Law) has just published Privacy at Risk: The New Government Surveillance and the Fourth Amendment (U. Chicago Press, Nov. 1, 2007). According to the book description:
In Mayfield v. United States, U.S. District Judge Ann Aiken (District of Oregon) held that parts of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were altered by the USA Patriot Act in 2001, are unconstitutional. The case was brought by Brandon Mayfield, a who was put under extensive surveillance and then detained for […]
Is there a reasonable expectation of privacy in email headers and IP addresses under the Fourth Amendment? No, sayeth the 9th Circuit in US v. Forrester:
In ACLU v. NSA, –F.3d — (6th Cir. 2007), a panel from the 6th Circuit held that the ACLU and other plaintiffs lacked standing to challenge the Bush Administration’s warrantless wiretapping program conducted by the National Security Agency (NSA). NYT coverage is here. According to the sketchy details known about the program, the court noted, […]
Typically, when we think of the constitutional criminal procedure that regulates government information gathering, we think of the Fourth and Fifth Amendments. But many government investigations involve collecting information about speech, association, religion, and the consumption of ideas. The NSA surveillance of telephone calls, for example, involves speech. National Security Letters can be used to […]
Anybody familiar with Fourth Amendment law knows that it is utterly incoherent. In his new paper, Four Models of Fourth Amendment Protection, my colleague, Orin Kerr (GW Law School) argues that this incoherence is actually a good thing. He attempts to sort out the muddle that currently exists in Fourth Amendment law into four models. From […]