The government's prosecution of the Silk Road founder depended on a Fourth Amendment doctrine made questionable by Carpenter's new respect for the information accessible via modern technology.
In a case involving cellphone location data, Gorsuch says entrusting information to someone does not mean surrendering your Fourth Amendment rights.
SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States.
The company has no legal obligation to let alien hunters harass its customers unless they have a warrant or probable cause.
No, says the Illinois Appellate Court.
"When a person voluntarily accepts a 'friend' request on Facebook from an undercover police officer, and then exposes incriminating evidence...the Fourth Amendment [does not] protect against this mistaken trust."
SCOTUS rejects warrantless search of vehicle parked in the "curtilage" of private home.
Waiting for Carpenter? This issue may go upstairs next.
An interesting new ruling in the rental car case.
Fourth Amendment advocates score a limited victory in Byrd v. U.S.
Not a good weekend for relationships between officers and citizens
Do you have a reasonable expectation of genetic privacy under the Fourth Amendment?
Stopping drivers without a legal justification is unconstitutional, even in the name of young love.
SCOTUS encourages excessive force by shielding police from liability.
Here's a theory, at least.
"Border searches never require a warrant or probable cause."
The cop's boss says he did nothing wrong; the local D.A. disagrees.
Here are the SCOTUS cases to watch in February.
Shooting revives deliberately misleading talking points about a bad regulation both the NRA and the ACLU opposed.
More Republican skepticism of law enforcement agencies is a welcome development.
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
The former Director of National Intelligence lied under oath about warrantless NSA spying on American citizens.
The NSA's surveillance of international communications is not limited to "foreign bad guys on foreign land."
Orin asked me to correct the record; I'm correcting it.
Rep. Thomas Massie explains why he will vote "hell no" on renewal of FISA if Congress doesn't reform the 702 program.
Justices hear challenge to Virginia court's expansion of warrantless vehicle searches.
Motel 6 sued for passing names along to ICE.
Why illegally obtained evidence is generally inadmissible in court.
Do we need a constitutional amendment guaranteeing the right to drive?
The federal government has no business using information gathered under the Foreign Intelligence Surveillance Act against Americans.
When do unauthorized drivers have Fourth Amendment rights in rental cars?
Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing.
Some people think the Katz "reasonable expectation of privacy" test is hard to reconcile with the text of the Fourth Amendment. Here's why I think they're wrong.
This FISA renewal bill would essentially gut the Fourth Amendment.
The jurors seem to have concluded that the bumbling drug warriors of Johnson County, Kansas, were incompetent rather than dishonest.
Oral arguments in Carpenter v. U.S. reveal a division between two conservative justices.
How to think about gay wedding cakes, Fourth Amendment rights, and whether the federal government can ban sports betting. Plus: How will Neil Gorsuch vote?
A detective who was later charged with molesting children performed the humiliating search while investigating consensual sexting.
Wyoming's roadside waivers are a thin disguise for highway robbery.
"Most Americans, I think, still want to avoid Big Brother."
Congress might quietly expand the feds' surveillance powers without any actual debate.
What's at issue today in Carpenter v. United States.
A cellphone tracking case gives SCOTUS a chance to reconsider a doctrine that threatens everyone's privacy.
Judges in Florida and Michigan exclude evidence collected by overeager drug warriors.
Congress must make a choice before the end of the year on the level of protections Americans get from unwarranted snooping.
Oblivious to the big, bright flowers, the cops who raided Edward and Audrey Cramer's home insisted they were growing pot.
