Public Safety versus Privacy in light of Coronavirus: When Contact Tracing can become a Search under the 4th Amendment

There are many concerns regarding the current Coronavirus pandemic. We’re concerned with our health and the health of our friends, family, and neighbors. We’re concerned with the current state of the economy and the future economic outlook given the pandemic. The virus has flipped our lives upside-down. However, we are now beginning to envision ways to put our lives back in place by controlling the virus. Experts believe the best way to do this is via more testing and tracking/tracing those who have tested positive. However, a strategy involving tracing of individuals may be considered a search or seizure under the 4th Amendment. This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2020. The original post can be accessed via the Archived Link button above