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Ask the author: Tracey Maclin on the Court and the Fourth Amendment
The following is a series of questions posed by Orin Kerr to Tracey Maclin on the occasion of the publication of The Supreme Court and the Fourth Amendment’s Exclusionary Rule (Oxford University Press,...
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Balancing versus the warrant requirement: A few thoughts on Maryland v. King
On February 26, the Supreme Court will hear oral argument in Maryland v. King, a case about the constitutionality of DNA collection and analysis. The case presents the latest skirmish in an ongoing...
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Fernandez v. California and the problem of third-party consent
On November 13, the Court will hear oral argument in a Fourth Amendment case, Fernandez v. California, on the scope of the third-party consent doctrine. Fernandez isn’t the most important case on the...
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Five thoughts on Fernandez v. California
Yesterday morning, the Supreme Court decided Fernandez v. California, a Fourth Amendment case on third-party consent. My colleague Rory Little explained the facts and reasoning of Fernandez here. In...
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Argument preview: Utah v. Strieff and the future of the exclusionary rule
Formally speaking, Utah v. Strieff considers the scope of the Fourth Amendment’s exclusionary rule when an illegal stop leads to the discovery of public information that justifies an arrest. More...
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Argument analysis: Court closely divided on the exclusionary rule
Only six Justices spoke during this morning’s oral argument in Utah v. Strieff. The six voices suggested that the Justices are deeply divided on the scope of the exclusionary rule, perhaps dividing...
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Opinion analysis: The exclusionary rule is weakened but it still lives
Utah v. Strieff is a significant win for the police. It goes a long way toward creating an exception to the exclusionary rule for searches of persons who have outstanding warrants (which turns out to...
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The Court after Scalia: Scalia’s absence may help preserve the exclusionary rule
Orin S. Kerr is a Professor at George Washington University Law School, where he teaches criminal law and procedure. His scholarly work focuses on the Fourth Amendment and computer-related crimes....
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Symposium: Carpenter and the eyewitness rule
Orin Kerr is the Fred C. Stevenson Research Professor of Law at The George Washington University Law School. One of the most basic ideas in Fourth Amendment law is what you might call the eyewitness...
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Judge Kavanaugh on the Fourth Amendment
Orin S. Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. Judge Brett Kavanaugh’s views of the Fourth Amendment have...
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