Assignment Brief: Applying the Fourth Amendment in the Computer Age

Course Information

Course Code: CJUS 320 – Constitutional Law and Criminal Procedure
Assignment Type: Research Paper
Task Number: Assessment 3 of 5
Word Count: 3,000–3,500 words (approximately 10–12 pages, double-spaced)
Weight: 25% of final grade
Citation Style: Bluebook (for legal citations) or APA 7th Edition

Assignment Context

The Fourth Amendment to the United States Constitution protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” When ratified in 1791, the Framers could not have anticipated the technological landscape of the twenty-first century—personal computers, smartphones, cloud storage, GPS tracking, and digital communications that traverse global networks in milliseconds .

This assignment requires you to trace the evolution of Fourth Amendment jurisprudence as courts have grappled with applying eighteenth-century constitutional text to twenty-first-century surveillance technologies. You will examine pivotal Supreme Court decisions, analyze the tension between the “reasonable expectation of privacy” test established in *Katz v. United States* (1967) and the third-party doctrine developed in *Smith v. Maryland* (1979) and *United States v. Miller* (1976), and evaluate recent doctrinal shifts in cases such as *United States v. Jones* (2012), *Riley v. California* (2014), and *Carpenter v. United States* (2018).

Task Description

Compose a research paper analyzing how federal courts have adapted Fourth Amendment protections to address challenges posed by modern computer and internet technologies. Your paper should address the following components:

• Historical Foundation: Trace the doctrinal shift from the “trespass” theory articulated in *Olmstead v. United States* (1928) to the “reasonable expectation of privacy” test established in *Katz v. United States* (1967)
• The Third-Party Doctrine: Analyze the development and application of the third-party doctrine in *United States v. Miller* (1976) and *Smith v. Maryland* (1979), and evaluate its impact on digital privacy
• Digital Communications: Examine how courts have applied Fourth Amendment principles to email, internet service provider records, and electronic surveillance, with particular attention to *United States v. Warshak* (2010)
• Location Tracking: Analyze the Supreme Court’s decision in *United States v. Jones* (2012) regarding GPS tracking and its implications for location privacy
• Cellular Data and Smartphones: Evaluate the Court’s treatment of cell site location information in *Carpenter v. United States* (2018) and warrantless searches of smartphones incident to arrest in *Riley v. California* (2014)
• Critical Assessment: Assess whether current Fourth Amendment doctrine adequately protects privacy in the digital age, and propose doctrinal reforms if warranted

Requirements

1. Format: APA 7th edition or Bluebook formatting (double-spaced, 12-point Times New Roman, 1-inch margins, page numbers)
2. Thesis Statement: Develop a clear, arguable thesis that takes a position on the adequacy of current Fourth Amendment doctrine for digital technologies
3. Case Analysis: Analyze a minimum of six Supreme Court or federal appellate court cases, including proper legal citation format
4. Scholarly Sources: Incorporate at least six scholarly sources (law review articles, academic books, or peer-reviewed journals) published within the last ten years
5. Statutory Framework: Address relevant federal statutes including the Wiretap Act (1968), Electronic Communications Privacy Act (1986), and USA PATRIOT Act provisions
6. Structure: Standard academic research paper structure with abstract (150–200 words), introduction with thesis, literature review, case analysis sections, discussion, conclusion, and references

Assessment Rubric

Sample Content: Model Analysis Excerpt

The Supreme Court’s 1967 decision in *Katz v. United States* fundamentally reoriented Fourth Amendment analysis by rejecting the “trespass” doctrine that had governed since *Olmstead v. United States* (1928). In *Katz*, the Court held that FBI agents violated the Fourth Amendment when they attached an electronic listening device to the exterior of a public telephone booth to record Charles Katz’s conversations, even though no physical intrusion into the booth occurred . Justice Stewart’s majority opinion declared that “the Fourth Amendment protects people, not places,” thereby shifting the analytical focus from property interests to privacy expectations.

Justice Harlan’s influential concurrence articulated the two-pronged test that would dominate Fourth Amendment jurisprudence for decades: first, whether the individual exhibited an actual (subjective) expectation of privacy; and second, whether society is prepared to recognize that expectation as reasonable . This framework appeared to modernize constitutional protections by liberating them from rigid property concepts. However, the *Katz* decision also planted seeds of doctrinal instability. By tethering constitutional rights to societal “reasonable expectations,” the Court created a standard vulnerable to erosion as surveillance technologies become normalized .

The third-party doctrine emerged as perhaps the most significant limitation on *Katz*’s privacy protections. In *United States v. Miller* (1976), the Court held that bank customers lack Fourth Amendment interests in financial records voluntarily conveyed to their banks, and in *Smith v. Maryland* (1979), the Court extended this logic to telephone numbers dialed . The doctrine rests on the premise that individuals “assume the risk” that information shared with third parties may be disclosed to the government. In an analog era, this principle had limited reach; in the digital age, where virtually every online transaction requires transmission through internet service providers, the third-party doctrine threatens to exclude vast categories of personal information from constitutional protection .

Learning Outcomes

Upon completion of this assignment, students will be able to:

• Trace the evolution of Fourth Amendment jurisprudence from property-based to privacy-based analytical frameworks
• Analyze the application of constitutional doctrine to emerging surveillance technologies
• Evaluate the coherence and adequacy of current legal standards for digital privacy protection
• Construct legal arguments using proper case citation and statutory interpretation methods
• Assess the policy implications of constitutional interpretation in the context of law enforcement and national security

Submission Guidelines

Due Date: Week 10, Friday by 11:59 PM
Submission Method: Upload to course LMS as .docx or .pdf file
Late Policy: 10% deduction per day; submissions accepted up to 72 hours after deadline with penalty

References / Learning Materials

Carpenter v. United States, 585 U.S. ___ (2018). https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

Katz v. United States, 389 U.S. 347 (1967). https://supreme.justia.com/cases/federal/us/389/347/

Kerr, O. S. (2018). The Fourth Amendment and the global internet. Stanford Law Review, 70(2), 285–326. https://www.stanfordlawreview.org/print/article/fourth-amendment-global-internet

Ohm, P. (2018). The surprising virtues of treating property as privacy: The curious case of *Jones v. United States*. In A. C. McGaughey & E. W. Chamberlain (Eds.), The fourth amendment in the twenty-first century (pp. 45–62). Oxford University Press. https://doi.org/10.1093/oso/9780190906194.003.0003

Riley v. California, 573 U.S. 373 (2014). https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

Sotomayor, S. (2012). Concurring opinion. In United States v. Jones, 565 U.S. 400. https://supreme.justia.com/cases/federal/us/565/10-1259/

United States v. Jones, 565 U.S. 400 (2012). https://supreme.justia.com/cases/federal/us/565/10-1259/

United States v. Warshak, 631 F.3d 266 (6th Cir. 2010). https://www.ca6.uscourts.gov/opinions.pdf/10a0107p-06.pdf

1. How does the Fourth Amendment apply to digital privacy and computer searches essay assignment help

Next Assignment Preview: Week 12 Discussion Post

Course: CJUS 320 – Constitutional Law and Criminal Procedure
Assignment: Discussion Post 4 – “The Third-Party Doctrine in the Age of Cloud Computing”
Word Count: 400–500 words initial post; 200–250 words per response (two responses required)

Description: Building on your research paper analysis, this discussion focuses on the continuing viability of the third-party doctrine in an era of ubiquitous cloud computing. Justice Sotomayor suggested in her *Jones* concurrence that the premise that individuals have no reasonable expectation of privacy in information voluntarily disclosed to third parties “is ill suited to the digital age.” Read the Supreme Court’s decision in *Carpenter v. United States* (2018) and analyze whether the Court’s refusal to extend *Smith* and *Miller* to cell site location information signals the beginning of the third-party doctrine’s demise, or merely a limited exception. Your initial post should address whether cloud storage of personal documents, photos, and communications should receive Fourth Amendment protection, and how courts should balance law enforcement needs against privacy interests when data is stored on remote servers. Respond to two classmates by either extending their analysis with additional case law or offering a counterargument regarding the practical implications of limiting the third-party doctrine.