Law Commons^™

Border Confidential: Why Searches Of Laptop Computers At The Border Should Require Reasonable Suspicion, John W. Nelson

John W. Nelson

Our laptops are capable of containing large amounts of personal, private, intimate, and confidential information. At the same time, the power of the government to search us and our possessions is at its zenith during a border crossing. How should our laptops be treated during these border crossings?

This Note examines the background of the border search exception and the privacy interests we each have in our laptop computers. This Note argues that searches of our laptop computers should be viewed as highly intrusive in nature because of the ability to quickly sort through vast amounts of intimate and private …

The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson

Stephen E Henderson

Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson

Stephen E Henderson

For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …