New Draft Article: The Two Tests of Search Law
There are two tests for what is a Fourth Amendment search. But what are they?
Orin S. Kerr
Latest from Orin S. Kerr
"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.
Yes, Warrants Allow a Search Through the Whole Phone
A comment on a mistaken way to limit computer searches— focusing on People v. Carson from the Michigan Court of Appeals.
Remembering the Proper Role of the Supreme Court, As Taught at Harvard in the 1990s
A thought on the old days.
Just Published: "Terms of Service and Fourth Amendment Rights"
Now out in the University of Pennsylvania Law Review.
Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads (Repost from 2022)
Reposting a thought I had after the Fifth Circuit's decision.
Thoughts on Judge Engoron's Opinion, A Response to Calabresi
A different take.
Thoughts on the Declining Numbers of SCOTUS Clerks Becoming Law Professors
One track became two.
How Has Legal Academia Changed Since Posner on Meltzer?
Revisiting Posner's 2007 essay.
Dog Sniff of a Person is a Fourth Amendment Search, New York Court Rules
But how close is close enough? No one knows.
You Might Want to Read More Sentences of Arizona v. United States
A response to Josh Blackman on the new Texas immigration enforcement law.
Dobbs Was Never In Doubt
And the leak likely did not "lock in" anything.
Is Compelled Decryption Heading to the Supreme Court?
Unlocking phones may reach SCOTUS, but there's a potential catch.
Did Google Just Defeat Every Geofence Warrant?
Code is law, they say.
The First Geofence Warrant Case Reaches the Federal Court of Appeals
United States v. Chatrie is heard in the Fourth Circuit.
LSAT to Drop the "Logic Games" Section
Good riddance.
Can Copying Data Be a Fourth Amendment Seizure If Accessing It Is Not a Search?
An important new case on reverse keyword search warrants raises a Fourth Amendment puzzle.
