William & Mary Bill of Rights Journal
Abstract
The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each doctrine.
Repository Citation
Monu Bedi, The Fourth Amendment Disclosure Doctrines, 26 Wm. & Mary Bill Rts. J. 461 (2017), https://scholarship.law.wm.edu/wmborj/vol26/iss2/10Included in
Constitutional Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, Privacy Law Commons