Fourth Amendment Update: Evolving Trends

This course, presented by experienced practitioner Joshua L. Dratel, provides an update of important Fourth Amendment cases and trends. While focusing on federal cases and Supreme Court decisions in particular, this course will also canvass certain state and lower federal court decisions that address issues that are destined to percolate through the system and will likely require resolution by the Supreme Court.

Mr. Dratel will begin by discussing specific aspects of Supreme Court doctrine that are evolving. For example, the effects of technology on the "third-party doctrine," on the traditional border search exception, and what constitutes "public" versus "private" space all have been and will continue to occupy the courts until a consensus is reached. Of course, even seemingly dispositive decisions will not be able to anticipate every set of facts.

Technology has also affected the scope of acceptable search and seizure, and even revitalized the concept of "seizure" as separate from "search."  The vast storage capacities, as well as access pathways, that computers, phones, tablets, and other devices that provide law enforcement have is an important and developing issue. So, too, is the limit on the accumulation of data. The public/private divide is also relevant in that context, as data collectors such as social media and other companies share their information with law enforcement.

In addition to reviewing the current state of Fourth Amendment law, the course will also identify facets of Fourth Amendment doctrine that are in flux, or are ripe for re-evaluation in light of many of the factors discussed above.

Learning Objectives:

1. Review recent Fourth Amendment decisions that practitioners should know
2. Discuss evolving Fourth Amendment issues that are currently being litigated
3. Identify Fourth Amendment issues that are on the horizon