Smart Home Data Privacy and an Evolving Fourth Amendment

With the growth of smart home technology comes extraordinary opportunities for data collection and a newfound tool for law enforcement investigations. But recent cases raise serious questions about privacy rights in the smart home. This Article examines evolving Fourth Amendment jurisprudence and the framework for assessing privacy and smart home technology. The narrow ruling of Carpenter v. United States is applied, and an expectation of privacy and the third-party doctrine are evaluated, calling for further reconsideration of the doctrine. Smart home data should be afforded Fourth Amendment protection, requiring a warrant to access such data from third-party providers.