History and Government Faculty Publications

Document Type


Publication Date

Winter 2014

Journal Title

Criminal Justice Praxis

First Page


Last Page



Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year, thousands of criminal defendants bring legal challenges to the proceedings against them rooted in claimed Fourth Amendment violations. Changing technology and its use fuels a large part of this as new technology intersects with individual privacy in new ways. An oft heard argument in Fourth Amendment jurisprudence is that the Fourth Amendment must change in order to keep up with the progress of time and societal change. Through an analysis of recent case law examining Fourth Amendment protections and technology, this article concludes that the United States Supreme Court has not changed its basic Fourth Amendment analytical model.


Fourth amendment



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