42: Shotgun Aphasia
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November 20, 2014
When should the police be able to search your phone, your computer, your email, or your dropbox? Orin Kerr thinks that over time, and in the face of changing technology and social practices, courts maintain a relatively consistent balance between privacy and the state’s interest in criminal investigation. The legal changes that maintain that consistency seem to be acceptable to originalists, pragmatists, and living constitutionalists alike. From cell phones to horses and buggies to automobiles and confidential informants. It’s the search episode. And then … yep, speed traps. Joe and Orin make a spiritual connection as non-warners. This show’s links: Orin Kerr’s faculty profile, writing, and blogging at the Volokh Conspiracy Background on the Fourth Amendment and the exceptions to the warrant requirement Orin Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment Carroll v. United States and the automobile exception Ex Parte Jackson (one of the earliest Fourth Amendment decisions) Riley v. California…