Orin Kerr on Implementing Carpenter and the Digital Fourth Amendment

In this episode, Orin Kerr, Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law, discusses his article, "Implementing Carpenter," which is part of his forthcoming book The Digital Fourth Amendment. Kerr describes what happened in the paradigm-shifting Supreme Court case Carpenter v. United States (2018), and why it was such a departure from prior Fourth Amendment jurisprudence. He observes that there is considerable uncertainty about how Carpenter will apply in future cases, and discusses three potential approaches: subjective, mosaic, and source. He explains why the source approach is the only one that is workable, and reflects on where the Supreme Court's Fourth Amendment jurisprudence will go in the future. Kerr is on Twitter at @OrinKerr and blogs at The Volokh Conspiracy, among other places.

Keywords: Fourth Amendment, CSLI, Cell-Site, Carpenter, Surveillance

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