According to the Fourth Amendment, the people have a right 'to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.' This right limits the power of the ...

In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment ...

The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases. In the span of two months, the Fourth and ...

I posted yesterday about why I wrote my new book, The Digital Fourth Amendment. In this post, I want to give an overview of the book. What's the subject, and what's the argument? Welcome to 2025. If ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

Suppose the police want to get illegal drugs off the streets. So they begin stopping pedestrians at gunpoint, shoving them against walls, frisking them, and searching their belongings. They also force ...

Fourth Amendment rights and religious freedom were the main arguments during a court hearing in the legal battle over migrant documents between the Texas Attorney General's Office and El Paso's ...