Do Arrest Warrants Have a Diligence Requirement?
Tracing the doctrine back.
Orin S. Kerr
Latest from Orin S. Kerr
Listen for Free to the First Hour of "The Digital Fourth Amendment"
A long preview is now available on Youtube.
Stewart Baker vs. Orin Kerr on "The Digital Fourth Amendment"
A debate between Volokh bloggers.
Monty Python, The Holy Grail, and the Idea of Due Process
"How do you know she's a witch?"
Jack Goldsmith: "The Solicitor General Embraces Judicial Supremacy"
You're reading Jack Goldsmith, right?
Revised Version of "Data Scanning and the Fourth Amendment"
Now up to date.
Updated draft: The Two Tests of Search Law
"What is the Jones Test, and What Does That Say About Katz?"
The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper
Fifteen judges produce eight separate opinions—but no view gets a majority.
"The Digital Fourth Amendment" Is Now Available As An Audio Book
For those who listen to their books rather than read them.
Jack Goldsmith on the Edward Martin Nomination
"The Case for Non-Confirmation"
The Idea of My New Book, The Digital Fourth Amendment—and Why It Matters
A second post on "The Digital Fourth Amendment"
I Am Not a Fan of Law Professor Books. Why Did I Just Write One?
The first in a series about "The Digital Fourth Amendment."
Warrantless Home Searches Under the Alien Enemies Act?
Trying to figure out a reported new legal argument.
Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg
A useful overview.
New Draft Article: "Data Scanning and the Fourth Amendment"
Just posted to SSRN.
Paul Clement Recommends Dismissing the Eric Adams Charges—But With Prejudice
A new development in the Eric Adams case.
New Draft Article: The Two Tests of Search Law
There are two tests for what is a Fourth Amendment search. But what are they?
"The Digital Fourth Amendment," Now Shipping
My new book is now available.
New Cert Petition on Emergency Entry: What Was the Common Law Rule?
A few thoughts on a pending cert petition.
"Out of My Peripheral I Felt as if Something Could Have Taken Place."
From State v. Barnes, a new decision from the Ohio Court of Appeals.
Kindle Version of "The Digital Fourth Amendment" Is Now Available
You have to wait until January for the physical book, but you can read the electronic version now.
Why Do Search Warrants "Command" that Searches Occur?
Explaining a puzzle.
A Debate Over the Open Fields Doctrine and Fourth Amendment Law
Featuring comments from Joshua Windham, and my response.
Fourth Circuit Votes to Rehear Its Geofence Warrant Case
An update in United States v. Chatrie, with a thought on modern Fourth Amendment litigation.
Terms of Service Do Not Eliminate Fourth Amendment Rights in a Google Account
So holds the Second Circuit, in a new decision.
The Open Fields Doctrine and the Text of the Fourth Amendment
What is a "house"?
DOJ Files Petition for Rehearing in the Fifth Circuit on Geofence Warrants
Filed this week in United States v. Smith.
You Can Now Pre-Order "The Digital Fourth Amendment"
My book will be out January 10th, but you can pre-order it now.
Michigan Supreme Court Grants Review in People v. Carson
An important case on the particularity of digital-evidence warrants.
The ACLU's Response to My Post on the Fifth Circuit's Smith Ruling—And My Reply to the ACLU
A debate on a very important Fourth Amendment ruling.
A Ruling That Eliminates Important Privacy Rights in Many Stored Internet Contents—And The Legal Challenge to It
With a petition for review now pending before the Supreme Court of California.
The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More
An astonishing ruling, and one that creates splits on two differerent issues.
The Precedential Value of Robinson, a Reply to Josh
It's a weird case, but Robinson's death before the case was heard is old news.
"Time to Retire the Notion of Judicial Courage," Reprise
I'm with Sam and Will.
The Populist GOP and its Yale Law and Harvard Law Leaders
A notable dynamic, and one worth trying to explain.
Internet Preservation and the Fourth Amendment—Case Updates, Part I
The first of two rulings, and why I find it unpersuasive.
Accessing Google Location History Records Is Not a Search — At Least When Limited — Fourth Circuit Rules
An important case on "The Digital Fourth Amendment"
Do Supreme Court Justices Have Real Friends?
A response to Josh.
Our Strange Politics of Meaning Assignment
A thought.
More on the New York Trump Case and the First Amendment
A reply to Steve.
No, Trump Does Not Have a First Amendment Defense In His New York Criminal Case
A response to Steve Calabresi.
Do Fourth Amendment Protections Change When Property Is Moved?
A new lecture on a recurring topic.
Cert Petition Filed in United States v. Streett
A follow-up to my post last year on the inevitable discovery exception to the exclusionary rule.
Beverly Hills Cop is a Fourth Amendment Movie
"If you go in there without probable cause it will be an illegal search, you know that."
The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping
We should wait until we know what (if anything) is happening.
