Trump v. New York, Clapper, and ... the Fourth Amendment? How Inconsistent Doctrines are Under-Protecting Privacy.

Autor: Glecker, Jareb, Brosofsky, Grace
Zdroj: Criminal Law Bulletin; Nov/Dec2021, Vol. 57 Issue 6, p956-970, 15p
Abstrakt: This Article joins a chorus of scholarly work critiquing Fourth Amendment search doctrine-namely how the U.S. Supreme Court applies the "reasonable expectation of privacy" test-but it takes a unique approach by highlighting the doctrine's inconsistency with recent Article Ill standing jurisprudence. We hope that holding the doctrines side-by-side will cast new light on the problems with Fourth Amendment privacy protections. Clapper v. Amnesty International and its progeny, including the recent decision in Trump v. New York, may not be a desirable line of cases-but they should have a positive externality to the extent they spur the Supreme Court to fix its Fourth Amendment doctrines related to reasonable expectations of privacy. [ABSTRACT FROM AUTHOR]
Databáze: Supplemental Index