Interesting Briefing on Whether A State Supreme Court Should Adopt the Third-Party Doctrine

Some state Supreme Courts have rejected the Fourth Amendment rule known as the third-party doctrine when interpreting their state constitutions, and I was interested to see that the Supreme Court of Appeals of West Virginia recently had a case asking the court to rule on whether the West Virginia constitution recognizes the rule. The Court didn’t reach the issue — you can see last month’s unpublished opinion remanding for more facts here — but the briefing on the question is interesting. The petitioner’s main brief isn’t on Westlaw, but you can read the respondent’s brief here and the petitioner’s reply brief here.

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