Orin S. Kerr

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Fourth Amendment Seizures of Computer Data

119 Yale L.J. 700 (2010).  What does it mean to “seize” computer data for Fourth Amendment purposes? Does copying data amount to a seizure, and if so, when? This Article argues that copying data “seizes” it under the Fourth Amendment when copying occurs without human observation and interrupts the stream of possession or transmission. It offers this position by reaching...