The Timely Demise of the Fourth Amendment Third Party Doctrine

Authors

Stephen E. Henderson, University of Oklahoma College of LawFollow

Document Type

Article

Publication Date

2011

Publication Title

Iowa Law Review Bulletin

Abstract

In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend or invoke it, and lower courts seem to be responding to that shift. In the relatively short space allotted, I place Tokson's thoughtful argument in this greater context, and briefly reply to related arguments of Professor Kerr and Judge Posner.

Volume

96

First Page

39

Recommended Citation

Stephen E. Henderson, The Timely Demise Of The Fourth Amendment Third Party Doctrine, 96 Iowa L. Rev. Bull. 39 (2011).