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395: The Digital Fourth Amendment — With Orin Kerr

Tech Policy Podcast

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Navigating Digital Privacy and the Fourth Amendment

This chapter examines the complexities of law enforcement's authority to search digital devices, focusing on the balance between specific warrants and general searches in the digital age. It discusses the implications of the Carpenter case and the Supreme Court's reluctance to address more Fourth Amendment cases, revealing the ethical dilemmas of discovering unrelated evidence. The conversation highlights the evolving legal landscape of digital privacy, including the distinction between voluntary and involuntary data collection.

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