What's Next for Digital Privacy? New Clashes Over the Fourth Amendment
USC law professor Orin Kerr says the Supreme Court's 2018 decision in Carpenter v. U.S. raises more questions than it answers.
March 07, 2019 at 04:36 PM
6 minute read
The following Q&A is an excerpt from Law.com's What's Next briefing, a weekly newsletter on the future of law. Click here to learn more.
It's been nearly a year since the U.S. Supreme Court ruled in Carpenter v. U.S, establishing murky rules to govern law enforcement access to the cell-site records that map the movements of anyone who carries a cellphone.
To Orin Kerr, a professor at USC Gould School of Law, the decision signals a new era in Fourth Amendment jurisprudence. We caught up with Kerr by email to ask about the pressures that digital technology places on the Fourth Amendment and where things go next.
➤ You write that the Supreme Court's decision in Carpenter v U.S. signals a “major break from the traditional understanding” of the Fourth Amendment. Can you explain why it's so impactful? After all, it's not the first case to deal with transformational technology and policing.
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