Orin Kerr
Law professor at Berkeley and the leading scholar of the Fourth Amendment as it applies to computers; writes at the Volokh Conspiracy.
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What they believe
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An administrative warrant is not a warrant at all: it records an officer's own hunch instead of a judge's independent finding.
Given the focus in Coolidge, Shadwick, and Payton on the fundamental role of warrants in inserting a judicial check on the executive, it seems out of place to say that this can be satisfied by the executive checking itself.
reason.comSaid 22 Jan 2026This on korrents
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A company's terms of service cannot enlarge or shrink your constitutional privacy rights in either direction.
As I have argued here, I don't think TOS alter Fourth Amendment rights—up or down.
reason.comSaid 16 Dec 2025This on korrents
The bold line is korrents’ wording; the quote is theirs. These 2: what they wrote before what they said aloud, one per source, newest first.
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Beliefs
Korrents What they believe 7 beliefs — each backed by an exact quote.
Each is a — compiled by korrents.com, not by them: the one-line wordings are korrents', the quotes are theirs.
Recent
An administrative warrant is not a warrant at all: it records an officer's own hunch instead of a judge's independent finding.
Given the focus in Coolidge, Shadwick, and Payton on the fundamental role of warrants in inserting a judicial check on the executive, it seems out of place to say that this can be satisfied by the executive checking itself.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? Said 22 Jan 2026
A federal officer can violate the Fourth Amendment and the victim still have no way to sue, because the Bivens remedy has been cut back to almost nothing.
Even if the policy is unconstitutional, as it seems to be, a person who is illegally searched probably can't sue ICE for violating their constitutional rights.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? Said 22 Jan 2026
The original remedy for an unlawful government entry was an ordinary trespass suit against the officer, and losing it took the teeth out of the Fourth Amendment.
Back when the Fourth Amendment was enacted, the most fundamental remedy for an unlawful government entry into your home was a civil suit for trespass against the officers.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? Said 22 Jan 2026
Show 4 more
A company's terms of service cannot enlarge or shrink your constitutional privacy rights in either direction.
As I have argued here, I don't think TOS alter Fourth Amendment rights—up or down.
Are There Fourth Amendment Rights in Google Search Terms? Said 16 Dec 2025
Whether the Fourth Amendment protects the terms you type into a search engine is a genuinely close question.
Doctrinally, either answer is at least plausible; even under my own take of what Carpenter means, it's not an easy call.
Are There Fourth Amendment Rights in Google Search Terms? Said 16 Dec 2025
When technology changes what an old legal rule does, courts should preserve the rule's purpose rather than its literal terms.
My book argues that courts should preserve the role, not the rule—and it then shows what new specific rules should follow from that.
The Idea of My New Book, The Digital Fourth Amendment—and Why It Matters Said 26 Mar 2025
Applying the old Fourth Amendment rules unchanged to digital evidence would gut its protection over time.
Because of the way computers happen to work, sticking with the old rules would mean gutting Fourth Amendment protection over time.
The Idea of My New Book, The Digital Fourth Amendment—and Why It Matters Said 26 Mar 2025
Beliefs others hold too
An administrative warrant is not a warrant at all: it records an officer's own hunch instead of a judge's independent finding. 2 hold this
Given the focus in Coolidge, Shadwick, and Payton on the fundamental role of warrants in inserting a judicial check on the executive, it seems out of place to say that this can be satisfied by the executive checking itself.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? Said 22 Jan 2026
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Recommends rcmnd
rcmnd What they recommend 1 thing — each backed by an exact quote.
Compiled by rcmnd.app, not by them: the quotes are theirs, and each links to the post it was copied from.
Recent
Recommends The Digital Fourth Amendment
I'm pleased to say that my new book, The Digital Fourth Amendment , is now available for shipping at Amazon and elsewhere .
reason.com 7 Feb 2025
their own
Where they publish
Blog Orin Kerr at the Volokh Conspiracy His posts on criminal procedure and computer crime law. Has a per-author feed.
His own author path and byline on Reason, which hosts the Volokh Conspiracy: the feed carries only the posts he wrote.
Recent
- How Should Flock Cameras Be Regulated Under the Fourth Amendment? 15 Oct 2026 A recent lecture.
- How Should A.I. Change Legal Scholarship—and the Job of Being a Law Professor? 6 Oct 2026 A panel discussion.
- Second Circuit Rejects Limits on Border Searches of Cell Phones 18 Sept 2026 And why I think they are wrong, and the Supreme Court should step in.
Show 17 more
- Use of Flock Cameras Is Not a Fourth Amendment "Search," District Court Rules 16 Sept 2026 The first post-Chatrie ruling on the question.
- How Often Are Articles in Top Law Reviews Written In Part By AI? 7 Sept 2026 A guest post from Julian Nyarko.
- An Essay on How to Get Top Grades On Law School Exams 3 Sept 2026 Now up on SSRN.
- Learned Hand's Reflections On His Professors 31 Aug 2026
- The Fourth Amendment and Laws Requiring Video Recording Inside Stores 28 Aug 2026 A new Ninth Circuit ruling raises a number of hard issues.
- Trump Administration Announces New "Hacking Back" Program 17 Aug 2026 But does it legalize hacking under the CFAA?
- New Draft Article: "The Fourth Amendment After Chatrie" 5 Aug 2026 Just posted today at SSRN.
- "So You're About to Start Law School" 22 Jul 2026 A video lecture for entering 1Ls.
- The Fourth Amendment and the Color-Blind Constitution 24 Jun 2026 A tale of two doctrines.
- AI Agents and the CFAA: Amazon.Com Services v. Perplexity AI 19 Jun 2026 Just a preliminary injunction stage, but an important case to follow.
- The Missing Part of the State Court Mangione Suppression Ruling? 18 May 2026 The federal court denied a similar motion; the state court grants it in part.
- New Draft Article: "Popular Conceptions of Fourth Amendment Curtilage" 14 May 2026 The Supreme Court says everyone knows this. We decided to ask people.
- Why AI Isn't Like a Law Clerk 28 Apr 2026 A response to Daniel Solove.
- A Few Thoughts on the Chatrie Oral Argument 27 Apr 2026 On the whole, a good morning for the government.
- What To Do With AI-Generated Legal Scholarship?: Part 2 27 Apr 2026 Am I an author? A prompter? Is this mine?
- What Do You Do With AI-Generated Legal Scholarship?: An April 2026 Question 26 Apr 2026 Part 1 of 2.
- Links to My Posts on Chatrie v. United States, the Geofence Warrant Case 25 Apr 2026 Fourteen posts in all, from 2022 to the present.
Link verified 20 Sept 2026. Recent items update automatically from the channel.
x.com @OrinKerr Their X account.
Recent
- This won't last, but it's interesting as an initial reaction. 4 Nov 2026
- Getting a bunch of comments that interpret this as celebrating local ballot initiatives, and that want me to know that actually the initiatives are biased in their wording and I should be critical of them. Bots? Or just people who can't read contextual clues as to meaning? 4 Nov 2026
- It’s not just turnout, though. It also matters how people who do turn out decide to vote. 3 Nov 2026
Show 17 more
- The third-party doctrine survives Chatrie and still allows a subpoena for bank records and flight records with no need for a warrant, EDVA concludes. US v. Brooks (Lauck, C.J.). https://t.co/thZTMj8GF1 #N 3 Nov 2026
- CA6 ventures into a pre-existing split on whether a pro se lawsuit brought on behalf of another in violation of federal law—here, a person suing on his deceased son's behalf—can be cured by the appointment of counsel, taking the side of "yes," per Larsen. 3 Nov 2026
- California local ballot initiatives are like, "Should the voters do the right thing and provide for a healthy and happy society, at pretty much no cost and with no downsides at all, by doing wonderful things for everyone? Yes/No" 3 Nov 2026
- Does it fit inventory search doctrine if an officer searching the car quickly finds a gun, spends several minutes inspecting it, and then photos the interior of the car and stops searching? Tex. Ct. Crim. App majority: Yes, this is okay, Dissent, per Finley, J.: No it's not. 3 Nov 2026
- Pleased to say that this essay is now forthcoming in the Green Bag (@GB2d), joining "How to Read a Legal Opinion," "A Theory of Law," and ""The Influence of Immanuel Kant on Evidentiary Approaches in Eighteenth Century Bulgaria." 31 Oct 2026
- Interesting. I wonder, though, what's the specific case for SATs depending heavily on vocabulary? It always struck me as weird that knowing the meaning of a bunch of words no one in normal life actually uses would be a major determinant of who gets into what college. 30 Oct 2026
- The word "witness" is used in the Bill of Rights in different clauses, and the Supreme Court has given it different meanings in each clause. Should the Court adopt a single meaning across usages, and if so, which one? My former colleague @RebeccaWexler recently gave a talk on that topic, for which I was a commenter, along with @andrealroth. My comments are at the 32 minute mark. 30 Oct 2026 youtube.com
- Interesting essay. It's a sad situation in some ways, although the big names who have this problem are themselves obviously very lucky; they are among the very few who made it big, so big that they can still draw a crowd. The other side of this is the fans. If they know that the stars are in that condition, it's the fans' choice to go and pay tribute. It's more of a problem if the fans don't know. 30 Oct 2026 telegraph.co.uk
- Although offensive, it is not criminal contempt constituting obstruction of justice for a courtroom observer unhappy with a judge's ruling to stand up and insult the judge with an obscene comment, at least in Pennsylvania. 29 Oct 2026
- It might be relevant to some news stories today, whatever your side of such things, to understand what grand jury subpoenas are and how they work. Here's a quick explainer. First, what is a grand jury? The grand jury is a historical limit on government power to charge that also has an investigative component. To charge a felony, a majority of members of the grand jury have to agree there is probable cause that a particular person committed a crime—bringing the charge, or what is known as an "indictment." This limit on government power is recognized in the U.S. Constitution by the Fifth Amendm… 29 Oct 2026
- 4 William Blackstone, Commentaries on the Laws of England *343 28 Oct 2026
- DOJ sought an indictment against Cassidy Hutchinson for her Jan. 6 testimony but the grand jury refused to indict, WaPo reports. Gift link: 27 Oct 2026
- Exit polls available from Israeli election. Stay tuned. 27 Oct 2026
- Jud Campbell's scholarship is terrific, and I enjoyed his new Scalia lecture at HLS: "The Federalist Bill of Rights," arguing there was a divide b/w the Federalists & Anti-Federalists about what a Bill of Rights should be, & the Federalist view won out. 27 Oct 2026 youtube.com
- It seems odd to me that Breyer would say this, or at least was said to have said it. "Forced out"? He had life tenure, he could stay as long as he wanted. Curious if Breyer has (or will have) a public response to this allegation. 27 Oct 2026
- This requires a bit of an interpretive call, but as a textualist, it seems to me that the document released today doesn't count for purposes of my April poll: This is only an information, and the polling question specifically asks about how many times Comey will be indicted. 26 Oct 2026
- Old school. 26 Oct 2026
Link verified 23 Sept 2026. Recent items update automatically from the channel.
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