Cornell law professor Sherry F. Colb comments on a recent decision by the US Court of Appeals for the Sixth Circuit holding unconstitutional the use of chalk by police officers to track whether a parked car has remained longer than permissible. Colb considers whether the decision—which seems to faithfully apply the US Supreme Court’s decisions in Jones v. United States and Florida v. Jardines—falls short of the “reasonable expectation of privacy” test the Court established in Katz v. United States. Colb proposes a test that instead combines trespass, information-gathering, as well as some privacy interest in that information, arguing that such a test would better reflect the scope of the Fourth Amendment.
Cornell law professor Sherry F. Colb comments on the US Supreme Court’s precedents recognizing, yet not clearly defining, “curtilage”—the area near one’s house that is constitutionally protected against warrantless searches by law enforcement. As Colb explains, the Court’s cases involving curtilage, including its recent decision in Collins v. Virginia leave many Fourth Amendment questions unanswered.
Cornell law professor Sherry F. Colb comments on the US Supreme Court’s recent decision in Carpenter v. United States, in which the Court held that the government must have a search warrant to obtain an individual’s cell-site location information (CSLI). Colb describes the Court’s holding and the dissenting opinions, and considers the Court’s minority (but growing) view that only property, and not privacy, is protected under the US Constitution—particularly when privacy rights encompass the right of a woman to obtain an abortion and the right of same-sex couples to engage in private, consensual sexual acts.