Functional Equivalence and Residual Rights Post-Carpenter: Framing a Test Consistent with Precedent and Original Meaning

  title={Functional Equivalence and Residual Rights Post-Carpenter: Framing a Test Consistent with Precedent and Original Meaning},
  author={Laura K. Donohue},
  journal={The Supreme Court Review},
  pages={347 - 410}
  • L. Donohue
  • Published 1 January 2019
  • Law
  • The Supreme Court Review
The evolution of Fourth Amendment doctrine over the past century bears a striking resemblance to Hamlet’s descent into insanity. Step by step, faced by increasingly sophisticated technologies, the Court has crafted rules, exceptions, and exceptions to the exceptions, until we find ourselves in an incoherent world that bears little relationship to the original rights it encompasses. The Founders introduced the Fourth Amendment to secure liberty. The clause reinforced the right of the people, as… 
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