Do citizens have any Fourth Amendment protection from sense-enhancing surveillance technologies in public? This article engages a timely question as new surveillance technologies have redefined expectations of privacy in public spaces.This article proposes a new theory of Fourth Amendment security based on the ancient theory of curtilage protection for private property. Curtilage has long been understood as a legal fiction that expands the protection of the home beyond the formal structures of the house. Curtilage recognizes a buffer zone beyond the four corners of the home that deserves protection, even in public, even if accessible to public view. Based on custom and law protecting against both nosy neighbors and the government, curtilage...
“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life....
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s sc...
For almost twenty years the Supreme Court has used the reasonable expectation of privacy formula i...
Do citizens have any Fourth Amendment protection from sense-enhancing surveillance technologies in p...
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches...
Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes t...
When we walk out our front door, we are in public and other people may look at us. But intuitively, ...
The ideal of the inviolate home dominates the Fourth Amendment. The case law accords stricter protec...
The Fourth Amendment to the U.S. Constitution guarantees freedom from government intrusion into indi...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
Privacy law in the United States has not kept pace with the realities of technological development, ...
This Article is about the misunderstood relationship between the Fourth Amendment and the positive l...
Technology has transformed government surveillance and opened traditionally private information to o...
This Article attempts at a minimum to offer a common background and frame of reference for defining ...
Throughout the history of American jurisprudence, curtilage-the physical space surrounding a home-ha...
“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life....
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s sc...
For almost twenty years the Supreme Court has used the reasonable expectation of privacy formula i...
Do citizens have any Fourth Amendment protection from sense-enhancing surveillance technologies in p...
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches...
Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes t...
When we walk out our front door, we are in public and other people may look at us. But intuitively, ...
The ideal of the inviolate home dominates the Fourth Amendment. The case law accords stricter protec...
The Fourth Amendment to the U.S. Constitution guarantees freedom from government intrusion into indi...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
Privacy law in the United States has not kept pace with the realities of technological development, ...
This Article is about the misunderstood relationship between the Fourth Amendment and the positive l...
Technology has transformed government surveillance and opened traditionally private information to o...
This Article attempts at a minimum to offer a common background and frame of reference for defining ...
Throughout the history of American jurisprudence, curtilage-the physical space surrounding a home-ha...
“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life....
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s sc...
For almost twenty years the Supreme Court has used the reasonable expectation of privacy formula i...