Loading...
Reasonable Expectations: State Appellate Courts and the Third-Party Doctrine
Russo, Tanner M
Russo, Tanner M
Abstract
While the United States Supreme Court held in such cases as United States v. Miller (1976), Smith v. Maryland (1979), and California v. Greenwood (1988) that the Fourth Amendment does not protect material shared with third parties, state appellate courts are free to offer greater levels of protection to such material under their own state constitutions. Analyzing a population of 218 state appellate third-party rulings between 1952 and 2014, I examine the legal and political factors that lead some state courts to avail themselves of state constitutions in recognizing citizens' privacy expectations over information shared with third parties. I find that since 1952, twenty-two states have offered higher protection to third-party records and information on at least one occasion. Multivariate analyses show that judicial ideology and the presence of state constitutional privacy guarantees both shape state judges' calculus about whether to protect third-party materials under state constitutions.
Description
Date
2015-05-01
Journal Title
Journal ISSN
Volume Title
Publisher
Collections
Download Dataset
Rights Holder
Usage License
Embargo
Research Projects
Organizational Units
Journal Issue
Keywords
Citation
Department
Government