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Orin Kerr

@orin-kerr · 7 positions · 0 changes of mind

Professor of law at Stanford, formerly a computer crime prosecutor at the US Justice Department, and the author of The Digital Fourth Amendment. Blogs at The Volokh Conspiracy about search and seizure law and computer crime.

Orin Kerr did not write this page.

We collected these quotes from things they published elsewhere, and every quote links to where it was said. They have no account here and have not endorsed this site. Quotes are word for word; the short line under each one is our own restatement, not their wording. Their own site. Is this you? Claim it or ask us to remove it. Or tell us what is wrong here.

  1. Our reading

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

    Their wordsGiven 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?reason.com 1st of 3 in this piece

    Interesting

  3. Our reading

    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 wordsEven 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?reason.com 2nd of 3 in this piece

    Interesting

  5. Our reading

    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.

    Their wordsBack 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?reason.com 3rd of 3 in this piece

    government

    Interesting
  6. 5 weeks earlier

  7. Our reading

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

    Their wordsDoctrinally, 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?reason.com 1st of 2 in this piece

    Interesting

  9. Our reading

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

    Their wordsAs 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?reason.com 2nd of 2 in this piece

    privacy

    Interesting
  10. 9 months earlier

  11. Our reading

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

    Their wordsMy 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 Mattersreason.com 1st of 2 in this piece

    Interesting

  13. Our reading

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

    Their wordsBecause 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 Mattersreason.com 2nd of 2 in this piece

    Interesting