Abstract

http://ssrn.com/abstract=2268288
 


 



The Third-Party Doctrine and the Third Person


Simon Stern


University of Toronto - Faculty of Law

May 22, 2013

New Criminal Law Review, Vol. 16, 2013

Abstract:     
According to the Third-Party Doctrine, a person has no reasonable expectation of privacy in information that has been shared with others – including a bank, a phone company, or a credit card company. The doctrine got its start through an appeal to a locatable observer who corresponds, in literary terms, to a narrator with a limited perspective. This is the kind of perspective that courts have traditionally emphasized when explaining how to assess probable cause. The Third-Party Doctrine turns the limited perspective into an omniscient one. The doctrine takes apparently private conduct and classifies it as public, effectively treating the perspective of the “arresting officer” as if it could encompass large quantities of information, widely distributed in space and time.

The discussion here examines a recent defense of the Third-Party Doctrine that similarly collapses the limited and omniscient viewpoints. Then, after exploring the narrative analogy by reference to literary analyses of the omniscient narrator in Victorian fiction, the discussion ends by considering the analogy in relation to contemporary modes of omniscient narration.

Number of Pages in PDF File: 47

Keywords: Third-Party Doctrine, Fourth Amendment, search and seizure, legal theory, common law, law and narrative, narratology, omniscient perspective

JEL Classification: K14

Accepted Paper Series


Download This Paper

Date posted: May 23, 2013  

Suggested Citation

Stern, Simon, The Third-Party Doctrine and the Third Person (May 22, 2013). New Criminal Law Review, Vol. 16, 2013. Available at SSRN: http://ssrn.com/abstract=2268288

Contact Information

Simon Stern (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/simon-stern

Feedback to SSRN


Paper statistics
Abstract Views: 269
Downloads: 72
Download Rank: 191,102

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.328 seconds