Fourth Amendment Reasonableness After Carpenter
128 Yale Law Journal Forum 943 (2019)
18 Pages Posted: 4 Jan 2019 Last revised: 2 Apr 2019
Date Written: December 20, 2018
In Carpenter v. United States, the Supreme Court held not only that the Fourth Amendment applies when the government collects certain categories of third-party data, but also that for such collection no process short of a warrant is constitutional. This Essay argues that a categorical warrant requirement for electronic surveillance is a mistake, and that, when faced with warrantless electronic surveillance, courts should consider whether such surveillance is nevertheless reasonableness, especially where it is legislatively authorized and subject to judicial oversight.
Suggested Citation: Suggested Citation