Dec 292013
 
 December 29, 2013  Posted by  Court, Featured News

Orin Kerr points us to this interesting post by law professor Miriam Baer:

As I ready myself for teaching a new semester of Criminal Procedure I (often known as the “investigation” course, as opposed to the Crim Pro II “adjudication” course, which ostensibly covers everything from “bail to jail”), I cannot help but think how much the course — and my syllabus – has changed in the last year or so, and how much it is likely to change over the next 24 months.

Just two years ago, the discussion of whether police action constituted a “search” would have been answered primarily by asking whether the action intruded upon an individual’s “reasonable expectation of privacy.”  Today, however, it would be unthinkable not to also ask whether the action interefered with the individual’s property rights.

A few years ago, if one taught the “third party doctrine,” one likely referred to it as an established yet disfavored doctrine that drew the ire of civil libertarians and privacy scholars, but whose implementation continued largely without challenge.

Read more on Prawfsblawg.

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