In its recent decision bringing together sensitive issues of workplace privacy and electronic communications, the Supreme Court in City of Ontario v. Quon 1 unanimously held that the city's audit of a ...

Lower courts are divided on the Fourth Amendment implications of a drug detection dog that jumps into a car on its own and then alerts to illegal drugs. I thought I would offer some thoughts on the ...

When can the police enter a person’s home without a warrant? The Fourth Amendment and the various judicial exceptions to it don’t provide a clear answer. But the Supreme Court may provide some clarity ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...

For the U.S. Supreme Court majority, poor quality decisions are the new normal. They draft edicts on major issues — not opinions. Such is the case with their new shadow docket decision on racial ...

I have posted a revised version of my draft paper, Data Scanning and the Fourth Amendment. It adds a bunch of new cases, including the various opinions from the Fourth Circuit's en banc ruling in ...

This is an adapted excerpt from the Sept. 13 episode of “Velshi.” Last week, the Supreme Court gave federal agents the green light to geographically, racially and linguistically profile people while ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...