A crucial question of Fourth Amendment law has recently divided courts: When government agents conduct a digital scan through a massive database, how much of a "search" occurs? The issue pops up in ...

Court rulings show that a platform’s Terms of Service don’t automatically waive Fourth Amendment rights. Permissive language like “may review” doesn’t eliminate a user’s expectation of privacy, while ...

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 ...

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 ...

Police in Virginia located a suspect by demanding location-specific cell phone data from Google. Did that violate his constitutional rights? It’s been a few years since the Supreme Court heard a major ...

On April 27th, the Supreme Court will hear oral argument in Chatrie v. United States, on the Fourth Amendment implications of geofencing. I have already posted the amicus brief I wrote for the Court ...

How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth ...