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U.S. Supreme Court,
Constitutional Law,
Appellate Practice

Aug. 11, 2017

A Fourth for the 21st?

Will SCOTUS modernize Fourth Amendment doctrine in 'Carpenter v. U.S.,' involving warrantless searches of modern tech-generated information? Amici Andrew Crocker (Electronic Frontier Foundation) and Jim Harper (Competitive Enterprise Institute) preview. Plus, Jean-Paul Jassy (Jassy Vick Carolan) explains why First Amendment challenges may await the LA City Council-backed proposal to require city contractors disclose ties to President Trump’s border wall.


This week's guests preview an upcoming SCOTUS blockbuster, the case of Carpenter v. U.S., where the modern applicability of the traditional Fourth Amendment inquiries, as to reasonable expectations of privacy and whether information sought has been conveyed to a third party. Our guests, Andrew Crocker (Electronic Frontier Foundation) and Jim Harper (Competitive Enterprise Institute) both filed amicus briefs in support of the original defendant in the case, whose cell site location information was garnered by police without a warrant, and used to place him nearby a string of robberies. Our guests present a range of different reasons why the Fourth Amendment needs a update, and some different thoughts as to what such an update might look like.

First, Jean-Paul Jassy (Jassy Vick Carolan) will visit to discuss First Amendment implications of the LA City Council-backed proposal to required city contractors disclose their ties to Trump's border wall. When exactly is building a wall speech? Mr. Jassy will explain.

Don't forget CLE credit is available to listeners; find a short link below after listening to receive it.


Brian Cardile

Daily Journal Staff Writer

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