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  • Fourth Amendment

    What Is a “Reasonable” “Search” or “Seizure” in the Age of New Technologies?

    The Fourth Amendment prohibits the government from conducting “unreasonable searches and seizures.” However difficult it previously may have been to define a “reasonable” search or seizure, 21st-century technology makes that job far more difficult. There is virtually no aspect of life that cannot be captured, analyzed, and stored in 0s … More

    Landmark Supreme Court Ruling on Technology and the Fourth Amendment

    On Monday, the Supreme Court issued an important ruling on the subject of surveillance in light of today’s technologies. Its opinion in United States v. Jones makes the rules for surveillance much less clear, which perhaps is not surprising given the rapid technological change and the need for further legislative … More

    The Tweety Bird Defense

    Those who remember the Warren Court recall imaginative renderings of the constitution to expand criminal’s rights coupled with outright judicial hostility to police. The result was a national crime wave only recently curbed by new police techniques and more favorable rulings from the Supreme Court. Now that Barack Obama has … More