Mitchell v. Wisconsin
Vol. 133 No. 1
Drunk driving, as the Supreme Court has repeatedly, emphatically made clear, poses a significant threat to public safety. To punish those who do drive...
Fourth Amendment
The Border Search Muddle
Vol. 132 No. 8
Fourth Amendment originalism is hard. But if Fourth Amendment originalism has an easy case, the Supreme Court has sometimes suggested, that case is the...
Zadeh v. Robinson
Fifth Circuit Holds Medical Board Investigators Are Protected by Qualified Immunity in Warrantless Search of Records.
Vol. 132 No. 7
Recent Case: United States v. Wanjiku
United States v. Wanjiku is one of many recent Fourth Amendment cases that have come before circuit courts regarding border searches of cell phones....
United States v. Touset
Eleventh Circuit Holds that Border Searches of Property Require No Suspicion.
Vol. 132 No. 3
Rodriguez v. Swartz
Ninth Circuit Extends Bivens Remedy to Mexican Citizen Killed in Mexico by Cross-Border Agent Standing in America.
Vol. 132 No. 3
Cross-Enforcement of the Fourth Amendment
Vol. 132 No. 2
This Article considers whether government agents can conduct searches or seizures to enforce a different government’s law. For example, can federal officers make stops...
The Carpenter Chronicle: A Near-Perfect Surveillance
Vol. 132 No. 1
On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
Collins v. Virginia
Vol. 132 No. 1
The axiom is familiar: searches conducted without warrants are per se unconstitutional under the Fourth Amendment — “subject only to a few specifically established...
Future-Proofing the Fourth Amendment
In Carpenter v. United States, Chief Justice John Roberts began the process of future-proofing the Fourth Amendment. In a majority opinion marked by technological...