💬 Opinion Jun 29, 2026 · Jacob Sullum

In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines

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In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines
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On Monday in Chatrie v. United States, the Supreme Court held that government-ordered analysis of data collected via Google's Location History feature, which tracks the whereabouts of cellphone users, qualifies as a "search" within the meaning of the Fourth Amendment. Justice Neil Gorsuch concurred in that judgment, but he wrote separately to reiterate his longstanding critique of two dubious concepts that have figured prominently in the Court's Fourth Amendment reasoning for half a century: the

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