In his regular column on Huffington Post, Professor Bennett Gershman explores the recent unanimous Supreme Court decision that requires the government to obtain a search warrant before accessing a cell phone. Professor Gershman notes that the vast advances in technology call into question the simple application of stare decisis in such cases.
“Technology changes everything, including the influence of Supreme Court precedents,” Professor Gershman writes. “One of the most durable legal doctrines is stare decisis, the idea that courts should follow legal precedents in the interest of stability and predictability of law. But some precedents, especially precedents in Fourth Amendment search and seizure jurisprudence, become meaningless when technology intrudes, and then older and pristine bright-line rules have to give way.”
To read the entire column, click here.