Prerequisite: None

Exam Type: In Class

Electronic evidence is a feature of almost every criminal investigation. As a result, the Fourth Amendment has been challenged and reinterpreted in the digital age. This course examines the technology, doctrine, and additional governance mechanisms at issue with the digital Fourth Amendment. This course will examine key technologies used by law enforcement, do deep dives into live doctrinal controversies about the Fourth Amendment related to technology, and look at alternatives for supplementing constitutional regulation of this area. The course covers the Supreme Court cases Carpenter and Chatrie in depth. It also investigates frameworks for a) searching and seizing AI-related evidence and b) using AI tools to search and seize evidence, as well as possibilities for reform. Students who have not previously completed Criminal Procedure: Investigations or its equivalent will be required to complete a pre-assignment for the course to cover the relevant material.

Note: This course will meet for 11 class sessions, with no class meeting held on Thursday, January 7th.