Orin Kerr
Law professor at Berkeley and the leading scholar of the Fourth Amendment as it applies to computers; writes at the Volokh Conspiracy.
Orin Kerr did not write this page. What is this?
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Where they publish
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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