The Fourth Amendment doesn't ask how you feel. It asks what a reasonable person would perceive. That's not a technicality — it's the architecture. A single objective standard, applied consistently, is ...

Kagan insists that the Fourth Amendment cannot be defeated by slicing invasions of privacy into pieces small enough to appear insignificant.

On April 27th, the Supreme Court will hear oral argument in Chatrie v. United States, on the Fourth Amendment implications of geofencing. I have already posted the amicus brief I wrote for the Court ...

Recently, FBI Director Kash Patel told the Senate Intelligence Committee that the Bureau purchases commercially available data that can track Americans’ movements and location histories. When Sen. Ron ...

As we celebrate the 250th anniversary of the United States, let us renew our commitment to the Fourth Amendment. Our founders ...

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 ...