Orin Kerr

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22 January

Orin KerrKorrents 22 Jan

From one piece Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? 3 beliefs, in the piece's order there

korrents.com
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.

government

Their words

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.

reason.com
korrents.com
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.

Their words

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.

reason.com
korrents.com
An administrative warrant is not a warrant at all: it records an officer's own hunch instead of a judge's independent finding.

Their words

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.com

16 December 2025

Orin KerrKorrents 16 Dec 2025

From one piece Are There Fourth Amendment Rights in Google Search Terms? 2 beliefs, in the piece's order there

korrents.com
Whether the Fourth Amendment protects the terms you type into a search engine is a genuinely close question.

Their words

Doctrinally, either answer is at least plausible; even under my own take of what Carpenter means, it's not an easy call.

reason.com
korrents.com
A company's terms of service cannot enlarge or shrink your constitutional privacy rights in either direction.

Their words

As I have argued here, I don't think TOS alter Fourth Amendment rights—up or down.

reason.com

26 March 2025

Orin KerrKorrents 26 Mar 2025

From one piece The Idea of My New Book, The Digital Fourth Amendment—and Why It Matters 2 beliefs, in the piece's order there

korrents.com
Applying the old Fourth Amendment rules unchanged to digital evidence would gut its protection over time.

Their words

Because of the way computers happen to work, sticking with the old rules would mean gutting Fourth Amendment protection over time.

reason.com
korrents.com
When technology changes what an old legal rule does, courts should preserve the rule's purpose rather than its literal terms.

Their words

My book argues that courts should preserve the role, not the rule—and it then shows what new specific rules should follow from that.

reason.com

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