Ever wonder how the law adapts to technology that makes it harder or easier for police to search and seize suspected criminals? Orin Kerr posits that an Equilibrium-adjustment exists. "Courts respond to the new facts by trying to restore the old level of protection. If a new technology or practice increased government power, courts ratchet up Fourth Amendment...
Reforming Fourth Amendment Privacy Doctrine
"As courts have adapted the Fourth Amendment to modern life, a doctrine has grown up around it that is unnecessarily complex and ultimately unworkable. This has deprived the Fourth Amendment of strength and—especially since the attacks of September 11, 2001—allowed Americans' Fourth Amendment rights to recede.
Surveillance within the United States has increased since terrorism captured the national consciousness in late 2001. A wide variety of government programs, nominally aimed at terrorists, have begun or increased the collection of information about the communications, finances, movements, and activities of all Americans.
What should be done to restore Americans' freedom—and their sense of freedom—so that a vibrant, open polity on the North American continent is assured? Many things, of course, but a very important one is to reinvigorate the Fourth Amendment by reforming Fourth Amendment privacy doctrine."
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