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Orin Kerr

What Orin Kerr thinks about government

@orin-kerr · 7 positions · On ppll ↗

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.

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Only Orin Kerr on government. See everyone on government

4 dated positions, 2025 to 2026, in their own words. Our reading of what Orin Kerr has said — not written or endorsed by them.

4 positions so far — this page is not yet offered to search engines.

  1. Our readingAn 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

  3. Our readingA 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

  5. Our readingThe 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

  6. 10 months earlier

  7. Our readingWhen 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