Is a Violation of a Positive Law a Search?

An exciting petition for certiorari pending before the U.S. Supreme Court, United States v. Tuggle presents the question "Whether long-term, continuous, and surreptitious video surveillance of a home and its curtilage constitutes a search under the Fourth Amendment." The central question deals with the meaning of the word "search." Under Katz v. U.S., the reasonable expectation of privacy test defines a "search." Many argue Katz is incorrect. Instead, the Court should interpret search to have its ordinary public meaning--a purposeful, investigative act. Please join our speakers in a discussion about United States v. Tuggle, the Fourth Amendment, textualism, the meaning of the word "search," and importantly, whether the Court should grant cert in this case.

Featuring:

Professor Orin Kerr, William G. Simon Professor of Law at UC Berkeley School of Law
Josh Windham, attorney at the Institute for Justice
Moderator: Adam Griffin, Law Clerk, U.S. District Courts; former Constitutional Law Fellow, Institute for Justice