Do Fourth Amendment Protections Change When Property Is Moved?
This past fall, I had the pleasure of being the Michael A. Doyle ’62 and Bunny Winter Distinguished Visiting Professor at Yale Law School. As part of that appointment, I recently delivered a lecture on a topic that is the subject of my most recent (as-yet-unavailable) draft article: What happens to Fourth Amendment protection when property is moved? Three quick examples from recent cases give you a flavor of the problem:
- Officers arrest a man who is carrying a backpack. For their own safety, officers initially remove the backpack, place it twenty feet away. They return to
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