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The Federalist Society’s Criminal Law and Procedure and Environmental Law and Property Rights Practice Groups bring you a roundtable discussion with leading Fourth Amendment scholars and litigators reviewing the major Fourth Amendment decisions from the 2020-2021 term and previewing the future of the Fourth Amendment at the High Court. What is the fate of Katz, the third-party doctrine, and the exigent-circumstances exception to the warrant requirement? What is the best method of interpreting the Amendment and will we see a revival of its original meaning? Four Fourth Amendment experts review:
Caniglia v. Strom, a unanimous opinion written by Justice Thomas rejecting the warrantless search of a home under the “community caretaking exception.”
Lange v. Caniglia, an opinion written by Justice Kagan rejecting a categorical exception to the warrant requirement for a fleeing misdemeanant.
Torres v. Madrid, a 5-3 decision by Chief Justice Roberts with a resounding dissent by Justice Gorsuch, debating what constitutes a “seizure”–is mere touch sufficient or must an officer take actual possession?
Bovat v. Vermont, Justice Gorsuch, joined by Justices Kagan and Sotomayor, dissenting from the denial of certiorari in a case involving the “knock and talk” exception to the warrant requirement.
The last term was a busy one for the Fourth Amendment and no doubt many questions remain in this important area of constitutional law. Join the nation’s leading scholars and litigators as they discuss the most recent developments in Fourth Amendment law and preview the Amendment’s future at the High Court.
— Professor Jeffrey Bellin, Mills E. Godwin, Jr., Professor of Law and Robert E. and Elizabeth S. Scott Research Professor at William & Mary Law School.
— Professor Laura Donohue, Anne Fleming Research Professor; Professor of Law at Georgetown Law.
— Robert Frommer, Senior Attorney, Institute for Justice.
— James K. Vines, Partner, King & Spalding LLP
— Moderator: Adam Griffin, Law Clerk, U.S. District Courts; former Constitutional Law Fellow, Institute for Justice
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