The "third party doctrine" provides that when a person gives information or property to a third party, he forfeits his right to protection from warrantless searches and seizures by the government. In the digital age, the continued application of the third party doctrine in modern society would render the federal Constitution's Fourth Amendment and the state constitution's Article First, Section Seven to be dead letters. In order to protect the rights of Connecticut residents, Connecticut courts should follow Justice Sonia Sotomayor's concurrence in United States v. Jones and reconsider the third party doctrine, particularly under the more protective Connecticut state constitution.
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Editorial Board
Technology Puts Constitutional Rights On Life Support
The Connecticut Law Tribune
November 9, 2012
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