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Show Notes
For much of our nation’s history, courts asked whether government physically intruded on property to determine if it violated the Fourth Amendment’s prohibition on unreasonable searches and seizures. The Supreme Court later adopted a standard looking at whether the government violated an individual’s “reasonable expectation of privacy.” But in recent years, the property-based approach has been making a comeback, most recently in Justice Neil Gorsuch’s dissent in Carpenter v. United States. Will the property-based approach knock out the reasonable expectation of privacy test? Tune in to find out!
Special thanks to guests Orin Kerr, James, Stern, and Jamil Jaffer.
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