{"id":6054,"date":"2011-09-22T07:38:59","date_gmt":"2011-09-22T07:38:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-22T07:38:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6054","title":{"rendered":"WSJ Blog: “How Technology Is Testing the Fourth Amendment”"},"content":{"rendered":"

WSJ Blog: How Technology Is Testing the Fourth Amendment<\/a> by Jennifer Valentino-DeVries:<\/p>\n

The Fourth Amendment of the U.S. Constitution protects against \u201cunreasonable searches and seizures\u201d \u2013 but what does that mean when it comes to techniques that use technology rather than a physical search that is easy to see?<\/p>\n

In many ways, it remains unclear. But there a few key issues that courts have been considering lately when it comes to this question.<\/p>\n

First up: whether the activity being observed by the technology is outside or inside a person\u2019s house. Courts have consistently ruled, for example, that the use of a GPS device to track people outside their home is not a \u201csearch\u201d under the Fourth Amendment. The idea here is that if people are doing things in public, they don\u2019t have much expectation of privacy. A similar argument could extend to the use of cellular signals to track people via their phones outside their home.<\/p>\n

Inside a home, though, things are different. The first part of the Fourth Amendment gives people the right \u201cto be secure in their persons, houses, papers and effects.\u201d<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6054","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6054","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6054"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6054\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6054"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6054"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6054"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}