An Evidence-Based Approach to Identifying Fourth Amendment Values

Wake Forest Law Review, forthcoming

U of Penn Law School, Public Law Research Paper No. 24-33

86 Pages Posted: 18 Jun 2024

See all articles by Christopher S. Yoo

Christopher S. Yoo

University of Pennsylvania Carey Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Arnav Jagasia

Palantir Technologies

Date Written: June 12, 2024

Abstract

Scholars have widely criticized the Supreme Court's Fourth Amendment jurisprudence as incoherent, especially in cases involving emerging technologies. This Article argues that to understand Fourth Amendment doctrine, one must consider how the values that underlie the Court's decisions are balanced against each other and shift over time. To do so, this Article first proposes a novel, bottom-up approach to identifying the relevant values that focuses on the specific evidence that the Court considers in each case. Distilling the values underlying the Fourth Amendment provides a more coherent understanding of Fourth Amendment doctrine. This Article then applies this framework to three biometric technologies: facial recognition, iris recognition, and DNA profiling. Law enforcement use of these technologies may all raise Fourth Amendment challenges, but the framework shows how these challenges implicate different values. Recognition and application of this framework can result in a better appreciation of the impact of emerging technologies on Fourth Amendment doctrine.

Keywords: Fourth Amendment, Supreme Court, biometric technologies, emerging technologies, facial recognition, iris recognition, DNA profiling, law enforcement

Suggested Citation

Yoo, Christopher S. and Jagasia, Arnav, An Evidence-Based Approach to Identifying Fourth Amendment Values (June 12, 2024). Wake Forest Law Review, forthcoming, U of Penn Law School, Public Law Research Paper No. 24-33, Available at SSRN: https://ssrn.com/abstract=4867896 or http://dx.doi.org/10.2139/ssrn.4867896

Christopher S. Yoo (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)

University of Pennsylvania - School of Engineering and Applied Science ( email )

3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)

Arnav Jagasia

Palantir Technologies ( email )

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