The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory ...

When applying Fourth Amendment doctrine, to what extent can race and ethnicity be considered? The Supreme Court denied cert on Monday in United States v. Carter, a case on this question—specifically, ...

Under what has come to be known as the Katz test, a defendant seeking to invoke Fourth Amendment protections against a warrantless government search must prove that he or she had a subjective ...

The Fourth Amendment doesn’t ask how you feel. It asks what a reasonable person would perceive. That’s not a technicality — ...

Currently there are dueling circuit court opinions on geofencing and the constitutionality of this investigative tool. This conflict presents an opportunity to redefine two fundamental issues of ...