Category Archives: SCOTUS

The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice

The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice by Michael MacLeod Ball:

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NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It

NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It: “In his column on Criminal Law and Procedure, Barry Kamins analyzes ‘Carpernter v. U.S.,’ a landmark decision significantly affecting digital privacy.”

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Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts

Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts by Joshua Z. Rokach:

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SCOTUSblog: Judge Kavanaugh on the Fourth Amendment

SCOTUSblog: Judge Kavanaugh on the Fourth Amendment by Orin S. Kerr: Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court. This post takes a close look at Kavanaugh’s key … Continue reading

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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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