Category Archives: SCOTUS

Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted

Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted by Chris Ott

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Lawfare: When Does a Carpenter Search Start—and When Does It Stop?

Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr:

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SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading

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Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy by Louise Matsakis:

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Slate: What’s Next for the Reasonable Expectation of Privacy?

Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.

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The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?

The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment? by TCR Staff:

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Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.

Important article: Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not. by Aziz Huq: Carpenter forces police to get a warrant before getting some cellphone data. But other Fourth Amendment cases … Continue reading

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Slate: Sotomayor, Fourth Amendment Visionary

Slate: Sotomayor, Fourth Amendment Visionary by Mark Joseph Stern How the Supreme Court vindicated the justice’s prescient theory of digital privacy.

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HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter

HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter by Taylor Millard Because the majority didn’t go far enough. Still, it should have been a concurrence.

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WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology

WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology A 5-to-4 decision suggests the Supreme Court’s view of “unreasonable searches” is evolving. The House and Senate should clarify the legal standard.

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SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach by Heidi Kitrosser:

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Terry v. Ohio decided 50 years ago today

Today, Sunday, June 10th, is the 50th Anniversary of Terry v. Ohio, 392 U.S. 1 (1968). Ohio’s Eighth District Court of Appeals opinion is also noteworthy, drawing on common law and whatever recent authority there was, considering the court of … Continue reading

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