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New law review article: "The Timely Demise of the Fourth Amendment Third Party Doctrine"

By John Wesley Hall, Jr.

The Timely Demise of the Fourth Amendment Third Party Doctrine by Stephen E. Henderson of Widener University School of Law, forthcoming in the Iowa Law Review on SSRN. Abstract: In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend or invoke it, and lower courts seem to be responding to that shift...continue to full post

Full post as published by Fourth Amendment on September 16, 2010 (boomark / email).