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How does the Third-Party Doctrine date back to the framers? I'm pretty sure it wasn't coined until the 60s, but are there court cases from earlier than that?
by mnutt 11y ago
How does the Third-Party Doctrine date back to the framers? I'm pretty sure it wasn't coined until the 60s, but are there court cases from earlier than that?
- tptacek 11y agoI'm trying to track down the case that made me think that and starting to think I'm crazy. Still looking!
- mikecb 11y agoIt's a little weird because in '67, the court redefined the 4th around the idea of expectation of privacy (Katz), and Miller and Smith followed from that redefinition. So you might have happened across something relevant under the previous scheme, like Boyd in 1886.
- tptacek 11y agoIt was a customs search case from the turn of the 19th century, but now I'm wondering if I got my wires crossed between that and border search.
- mikecb 11y agoProbably. Border has a lot more from the original congress, and more also about customs since that was one of the original boarder exceptions.