Constitutional Law
Jul. 31, 2026
Not every search is the same
The Supreme Court's decisions in Case v. Montana and Chatrie v. United States establish a modern Fourth Amendment framework that distinguishes law enforcement's emergency public safety functions from its investigative powers while expanding constitutional protections for digital location data.
The current Supreme Court term has been a defining one for the Fourth Amendment. In Case v. Montana and the recently announced Chatrie v. United States, the Court alternatively relaxed the basis for a warrantless entry into the home, traditionally the height of Fourth Amendment protection, and required Fourth Amendment probable cause and particularity scrutiny of a geofence warrant. Although they seemingly pull in different directions--less protections for the c...
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