Courts

The Fourth Amendment Does Not Protect You From Being A Moron

Confessing to criminal activity on Facebook is a poor strategy.

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Trump’s latest complaint is that it’s spying for law enforcement to investigate criminal activity. That… seems like a stretch, but he’s going to ride this pony until some other distraction shows up.

On a related note, Professor Orin Kerr tweeted out this doozy from a recent Delaware case that speaks directly to Trump’s conundrum:

When a person voluntarily accepts a “friend” request on Facebook from an undercover police officer, and then exposes incriminating evidence, does the Fourth Amendment protect against this mistaken trust? We conclude that it does not.

Just as voluntarily taking meetings with an informant isn’t unlawful spying, posting about your criminal enterprise isn’t a Fourth Amendment violation. Not that the Fourth Amendment means anything anymore.

(Check out the full opinion on the next page.)

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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