The Fourth Amendment doesn’t ask how you feel. It asks what a reasonable person would perceive. That’s not a technicality — ...

The warrant requirement is still in the Constitution, and Congress still has the authority to restore it.

Earlier this month, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez ...

When applying Fourth Amendment doctrine, to what extent can race and ethnicity be considered? The Supreme Court denied cert on Monday in United States v. Carter, a case on this question—specifically, ...

These libertarians with their prattling on about freedom and rights. They can be so tiresome. Please stop with the high dudgeon! Here’s an example of one such “freedom” person writing about open-ended ...

They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the ...

Currently there are dueling circuit court opinions on geofencing and the constitutionality of this investigative tool. This conflict presents an opportunity to redefine two fundamental issues of ...

Suppose the police want to get illegal drugs off the streets. So they begin stopping pedestrians at gunpoint, shoving them against walls, frisking them, and searching their belongings. They also force ...

WASHINGTON – Carrying a smartphone to a bank robbery wasn’t such a smart move for Okello Chatrie. Now the Supreme Court must decide whether the "groundbreaking" and "previously unimaginable" way ...

Suppose the police want to get illegal drugs off the streets of California. So they begin stopping pedestrians at gunpoint, shoving them against walls, frisking them, and searching their belongings.