Kagan insists that the Fourth Amendment cannot be defeated by slicing invasions of privacy into pieces small enough to appear ...

The U.S. Supreme Court's decision in Chatrie v. United States extends Fourth Amendment protection to geofence location data ...

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 ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...

A recent New York court case upheld a murder conviction despite claims that DNA evidence used violated the defendant’s Fourth Amendment rights. The case highlights ongoing legal questions about ...

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 ...

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 ...