Thomas P. Crocker has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court’s third-party doctrine,…
Tag: Fourth Amendment
On Gmail and the Constitution
Ashby Jones writes: Here’s a question: Is it kosher for a law enforcement agency to, pursuant to a lawfully granted search warrant, search your Gmail account without telling you? According to an opinion handed down earlier this year and currently making the rounds on legal blogs (here and here), the answer is yes. The opinion,…
Does a cheek swab for DNA require a warrant?
No, says the Indiana Court of Appeals in Garcia-Torres v. State: After comparing cheek swabs with other searches requiring only reasonable suspicion, we conclude that the DNA sample collection technique at issue here, although minimally invasive, is also one of those limited searches that requires only reasonable suspicion and may therefore be conducted without a…
Cops Can’t Convert Car Into Tracking Device Without Court’s OK
Jennifer Granick of EFF has a commentary on a recent decision out of Massachusetts discussed here previously. The Supreme Court of Massachusetts recently held that officers may not place GPS tracking devices on cars without first getting a warrant. The case, Commonwealth v. Connolly, was decided under the state corollary to the Fourth Amendment, and…