Thomas K. Clancy (University of Mississippi School of Law) has posted The Fourth Amendment’s Right to Be Secure (William & Mary Bill of Rights Journal, Vol. 34, p. 797 (2026)) on SSRN. Here is the abstract:
Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.
Recommended.
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