University of Miami Race & Social Justice Law Review
Document Type
Article
Abstract
Under the third-party search doctrine, an individual does not have a reasonable expectation of privacy in information he or she voluntarily discloses to third parties. “Always on” in-home technology creates recordings of unsuspecting consumers in their most intimate spaces and sends them to third party companies and their affiliates, which makes this information subject to warrantless search by law enforcement under the third- search doctrine. The third-party search doctrine is ill-suited to the digital age, where consumers are routinely required to volunteer information to third parties in order to access digital content. This Note suggests that a warrant should be required where the government attempts to search “always on” in-home technology.
Recommended Citation
Christina A. Robinson,
Smart Homes: The Next Fourth Amendment Frontier,
10 U. MIA Race & Soc. Just. L. Rev.
1
(2020)
Available at:
https://repository.law.miami.edu/umrsjlr/vol10/iss2/3
Included in
Internet Law Commons, Law and Society Commons, Privacy Law Commons