I recently helped put together a panel, that you can watch below, on an important question of Fourth Amendment history and law: What is the original public meaning of “searches” of “persons, houses, papers, and effects” in the Fourth Amendment? And how is the Katz reasonable-expectation-of-privacy test different? I’ve been very interested in this question for a few years now, and wrote my recent article Katz as Originalism about the topic (which was in turn inspired by a few blog posts I wrote here at the Volokh Conspiracy). I was joined by the elusive Fourth Amendment historian William J. Cuddihy, author of the massive tome The Fourth Amendment: Origins and Original Meaning 602-1791, and my colleague Andrea Roth.
What’s the Original Public Meaning of “Searches” in the 4th Amendment?
November 25, 2022
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