When applying Fourth Amendment doctrine, to what extent can race and ethnicity be considered? The Supreme Court denied cert on Monday in United States v. Carter, a case on this question—specifically, ...

The Fourth Amendment doesn’t ask how you feel. It asks what a reasonable person would perceive. That’s not a technicality — ...

The warrant requirement is still in the Constitution, and Congress still has the authority to restore it.

The Supreme Court will decide if using broad “geofence warrants” to collect cell phone location data without suspicion violates the Fourth Amendment. In a 2019 case, law enforcement used such a ...

Currently there are dueling circuit court opinions on geofencing and the constitutionality of this investigative tool. This conflict presents an opportunity to redefine two fundamental issues of ...

These libertarians with their prattling on about freedom and rights. They can be so tiresome. Please stop with the high dudgeon! Here’s an example of one such “freedom” person writing about open-ended ...

The Trump administration asked the justices to prohibit courts from considering race as a relevant factor under the Fourth ...

This essay in the print edition of Reason argues that courts should overturn the "open fields" doctrine of the Fourth Amendment: In a decision issued at the dawn of Prohibition, the Supreme Court ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...

Suppose the police want to get illegal drugs off the streets. So they begin stopping pedestrians at gunpoint, shoving them against walls, frisking them, and searching their belongings. They also force ...