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TAP Highlights

Is It Time to Redo the Fourth Amendment?

“Get the conceptual foundations right the first time, and the resulting doctrine will prove more durable and sensible than the Chief Justice’s confused Carpenter decision. It is time for the Court to redo Fourth Amendment law from the ground up.” – Richard Epstein, New York University

Can the Fourth Amendment Be Brought Into the Digital Age?

Carpenter would have been the ideal case to get rid of the Third Party Doctrine. Instead, the Supreme Court did what it has often done in recent years — tiptoe weakly like a mouse, nibbling around the edges of issues rather than directly resolving them.” – Daniel Solove, George Washington University School of Law

Victory for Privacy Law or Threat to Police Investigations?

TAP scholars weigh in on the Carpenter decision. Some call it “an inflection point in the history of the Fourth Amendment” (Paul Ohm); while others state the ruling adds a “layer of confusion to the vexed law of unreasonable searches and seizures” (Richard Epstein).

How Does the Carpenter Decision Impact the 4th Amendment?

"Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be talking about what the Fourth Amendment means in pre-Carpenter and post-Carpenter terms." – Georgetown University law professor Paul Ohm

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New TAP Blog Posts

Getting It Wrong On Cell Phone Searches

Posted on July 19, 2018
Carpenter is incorrect,” says New York University law professor Richard Epstein. Professor Epstein explains why invoking the third-party doctrine was the wrong analysis for this case that uses cell-site location information to convict a thief.

Also on TAP…

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July 23, 2018, Singapore

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