Archive of posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
By Daniel J. Solove The law regulating government surveillance and information gathering is in dire need of reform. This law, which consists of the Fourth Amendment and several statutes, was created largely in the 1970s and 1980s and has become woefully outdated. The result is that law enforcement officials and intelligence agencies can readily find […]
by Daniel J. Solove Today, the U.S. Supreme Court handed down a decision on two cases involving the police searching cell phones incident to arrest. The Court held 9-0 in an opinion written by Chief Justice Roberts that the Fourth Amendment requires a warrant to search a cell phone even after a person is placed […]
I just uploaded the final published version of my essay, Fourth Amendment Pragmatism, 51 B.C. L. Rev. 1511 (2010) to SSRN. Here’s the abstract:
I just posted my new forthcoming essay on SSRN called Fourth Amendment Pragmatism, 51 Boston College Law Review __ (forthcoming 2010). Here’s the abstract:
Is there a reasonable expectation of privacy in email headers and IP addresses under the Fourth Amendment? No, sayeth the 9th Circuit in US v. Forrester: