PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Fourth Amendment Reasonableness After Carpenter

Posted on December 23, 2018 by pogowasright.org

When John Wesley Hall, Jr., a criminal defense attorney and author of fourthamendment.com and Search and Seizure (5th ed. 2013) says a new law review article provides great insight, it’s worth checking into.

Alan Z. Rozenshtein, Fourth Amendment Reasonableness After Carpenter, 128 Yale L.J. Forum (forthcoming 2019):

Abstract and lead paragraph:

Carpenter v. United States has been recognized as a landmark case in Fourth Amendment law. Commentators have highlighted—and generally lauded—the opinion’s limiting of the third-party doctrine. But just as important as the decision’s effect on the scope of the Fourth Amendment— when the Fourth Amendment applies—is its impact on the amendment’s content. The Supreme Court did far more than find that government acquisition of cell-site location data is subject to the Fourth Amendment. It also held that any process short of a warrant—and thus any level of suspicion short of probable cause—would be inadequate, and on that basis held a law of Congress unconstitutional. This brief essay argues that Carpenter’s application of a strict warrant requirement was a mistake, and that the Court should have instead engaged more directly with the question of whether Congress’s surveillance policymaking was reasonable.

The last two paragraphs are up on FourthAmendment.com.

Category: CourtFeatured NewsSurveillanceU.S.

Post navigation

← You wouldn’t believe… or maybe you would….
Happy Holidays! →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed
  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim

RSS Recent Posts on DataBreaches.net

  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
  • Education giant Pearson hit by cyberattack exposing customer data
  • Star Health hacker claims sending bullets, threats to top executives: Reports
  • Nova Scotia Power hit by cyberattack, critical infrastructure targeted, no outages reported
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy