The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory and unworkable in practice.

The Pennsylvania Supreme Court handed down its long-awaited ruling in Commonwealth v. Kurtz today, on whether there are Fourth Amendment rights in Google search terms. Among the seven Justices, three took on that question and said no, the Fourth ...

The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases. This is the first part of a two-part series. The second part looks at how it could Big Tech companies ...

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 Fourth Amendment case. That will change next month ...

As regular readers may recall, I argued in a recent article that terms of service to an Internet account have little or no effect on Fourth Amendment rights in the ...

Under what has come to be known as the Katz test, a defendant seeking to invoke Fourth Amendment protections against a warrantless government search must prove that he or she had a subjective expectation of privacy and that the expectation was objectively reasonable. Katz v. United States, 389 U.S. 347 (1967). In cases involving warrantless searches of digital content, the government has ...

Tracey Maclin is a law professor at the University of Florida Levin College of Law. In 1760, the most powerful government on the globe initiated a crackdown on illegal imports by American colonists living in Boston. British customs officers possessing a ...