Cert Petition Litigation Update: United States v. Tuggle and the Meaning of “Search”

22/02/2022 58 min
Cert Petition Litigation Update: United States v. Tuggle and the Meaning of “Search”

Listen "Cert Petition Litigation Update: United States v. Tuggle and the Meaning of “Search”"

Episode Synopsis

An exciting petition for certiorari pending before the U.S. Supreme Court, United States v. Tuggle presents the question "Whether long-term, continuous, and surreptitious video surveillance of a home and its curtilage constitutes a search under the Fourth Amendment." The central question deals with the meaning of the word "search." Under Katz v. U.S., the reasonable expectation of privacy test defines a "search." Many argue Katz is incorrect. Instead, the Court should interpret search to have its ordinary public meaning--a purposeful, investigative act. Please join our speakers in a discussion about United States v. Tuggle, the Fourth Amendment, textualism, the meaning of the word "search," and importantly, whether the Court should grant cert in this case. Featuring: Professor Orin Kerr, William G. Simon Professor of Law at UC Berkeley School of LawJosh Windham, attorney at the Institute for JusticeModerator: Adam Griffin, Law Clerk, U.S. District Courts; former Constitutional Law Fellow, Institute for Justice