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

Abstract

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

Rozenshtein, Alan Z., Fourth Amendment Reasonableness After Carpenter (December 20, 2018). 128 Yale Law Journal Forum 943 (2019). Available at SSRN: https://ssrn.com/abstract=3304750

Alan Z. Rozenshtein (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

HOME PAGE: http://www.law.umn.edu/profiles/alan-rozenshtein

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