Abstract
The Fourth Amendment to the U.S. Constitution functions as a shield against excess governmental or police power by prohibiting unreasonable searches and seizures. Since its ratification, legal challenges have tempered this shield by frequently disputing the application of investigative processes and tools, including those that bypass the traditional—and simpler—analysis that focused on physical trespass. But recent technological advancements have prompted novel challenges and have forced the U.S. Supreme Court to adopt a parallel inquiry that evaluates society’s expectations of privacy as an alternate path to invoke the Fourth Amendment’s protections apart from any physical trespass.
Last Page
49
Recommended Citation
Scott Keffer,
Too Big to Surveil: The Fourth Amendment Illuminated by 'Modern Lights' & Shadowed by Obsta Principiis in a Post Carpenter World Concerned with Privacy,
26
Rich. J.L. & Tech
1
(2024).
Available at:
https://scholarship.richmond.edu/jolt/vol26/iss1/2