Fourth Amendment

Standing in the Shadows of the New Fourth Amendment Traditionalism

Nicholas A. Kahn-Fogel

Abstract In the past decade, the Supreme Court of the United States has revived an originalist, property-based approach to evaluating Fourth Amendment problems. The Court has used this approach to broaden its understanding of the sorts of governmental conduct that qualify as Fourth Amendment searches. So far, however, neither the Court nor scholars have offered […]

Border Searches in a Digital Age: Finding Alignment Amidst a Diluted Right

Anne L. Kelley

Abstract Searches of electronic devices at the border present a sui generis situation that distinguishes them from traditional border searches of other physical property, such as a backpack, car, or piece of luggage. The traditional border search doctrine framework has challenged federal courts with regard to how to categorize searches of electronic devices at the […]

GPS and Cell Phone Tracking of Employees

Marc Chase McAllister

Abstract This Article examines employee location tracking through smart phone apps and GPS devices attached to or embedded within an employee’s personal or company vehicle. For each form of tracking, this Article provides separate frameworks for employers to follow when conducting individual employee misconduct investigations and when tracking an entire group of employees for non-investigatory […]

The Fourth Amendment, Dark Web Drug Dealers, and the Opioid Crisis

Written by: Katharine Stewart

Abstract This Note addresses whether people who use criminal aliases to send drugs through the mail should retain their Fourth Amendment rights in those packages. While several circuit courts have identified this as an issue, none have resolved it. One district court has been able to conclude, unquestioned by the higher courts, that such people do not retain their Fourth […]

Policing, Technology, and Doctrinal Assists

Written by: Bennett Capers

Abstract Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and […]

“I Am Cait,” But It’s None of Your Business: The Problem of Invasive Transgender Policies and a Fourth Amendment Solution

Written by: Elise Holtzman

Abstract Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the transgender community the same as their lesbian, gay, and members of bisexual counterparts. This misunderstanding is even more prevalent in the legal context, resulting in a […]