Professor, Stanford Law School.
Senior Fellow, Hoover Institution.
Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0
Orin Kerr
For similar authority, see United States v. Bradley, 2012 WL 2580807 (6th Cir. 2012).
Chapter 7 of my recent book, "The Digital Fourth Amendment," is all about why I take the same view as the district court in Smith. (At the district court, Judge Rakoff generously cited an online talk I gave about the chapter in his opinion.)
The book: amazon.com/Digital-Four...
Officer confronts man who took nude pictures of a minor on his phone. Officer demands man give him the phone, & threatens man with obstruction if he won't hand it over. CA8: Exigent circumstances allowed the phone's seizure given risk of deletion. ecf.ca8.uscourts.gov/opndir/26/06...
I'm not a Section 702 expert, so I may be wrong, but the caveat below in the screenshot, in the 21st paragraph of the story, seems pretty important. (No idea what the legal challenges are that could be filed.)
nytimes.com/2026/06/10/u...
The guess off the top of my head, it turns out, was wrong. Lower court caselaw has embraced the idea, suggested in Rakas, that standing can be area by area. This is good to know, and thanks to Nicholas Kahh-Fogel for suggesting.
See, e.g., US v. Osorio (CA2 1991), scholar.google.com/scholar_case...
Off the top of my head, I would guess that standing to challenge a search of a house is all or nothing, not room by room—unlike third party consent, which tends to be more room by room in these settings. But I haven't looked closely at lower court cases on this.
Recently-filed brief in the CA11 on cross-enforcement: Where marijuana is partly or entirely legalized at the state level, can state officers still search a car for marijuana based on probable cause of the *federal* crime of marijuana possession? US v. Hernandez, No. 26-10481.
It is "hardly a sure bet" that an overnight guest's standing under MN v. Olson extends to a child's bedroom, CA8 suggests per Stras, but here no need to decide that b/c trial court's finding that the person was not an overnight guest isn't clear error. ecf.ca8.uscourts.gov/opndir/26/06...
The Supreme Court's geofence warrant case, Chatrie v. US, is likely to come out in a few weeks. For an overview of the legal issues raised by the application of the Fourth Amendment to digital tech, including geofencing, may I suggest my 2025 book? www.amazon.com/Digital-Four...
The Second Circuit held argument a year ago on whether the border search exception applies to searches of electronic devices. The decision has not been handed down yet. Last year's argument is here, in US v. Jatiek Smith. www.courtlistener.com/audio/99586/...
