Nowhere to Run, Nowhere to Hide.* Applying the Fourth Amendment to Connected Cars in the Internet-of-Things Era

Authors

Gregory C. Brown, Jr.

Abstract

(Excerpt)

Part I of this Note will briefly discuss the key components of a Connected Car, identify who collects the data from the Car, and examine the various uses for the data. Part I also explores whether Car owners consent to the collection of their Car’s data. Part II-A will trace the historical development of the automobile exception to the Fourth Amendment, which generally permits law-enforcement officers to conduct a warrantless search of a vehicle. Part II-B will discuss how the Supreme Court has applied the Fourth Amendment to pre-Internet technologies. Part II-C will discuss two recent Fourth Amendment Supreme Court cases, United States v. Jones and Riley v. California, that involve a Global Positioning System (GPS) tracking device and a cell phone, respectively. Part III-A recommends that a warrant be required for the search of digital data on a Connected Car, which serves to protect the Car owner’s individual privacy interests. Part III-B addresses possible concerns about the efficacy and practicality of a warrant requirement. This Note concludes in Part IV.