Emory Law Journal


Electronic devices are becoming increasingly prevalent in our daily lives, simultaneously replacing photo albums, address books, printed documents, and other, previously indispensable items. Electronic devices have even invaded a controversial area of Fourth Amendment jurisprudence: the private search doctrine. However, this doctrine¿s application to electronic devices suffered from a dearth of existing law. Courts sought to fill this gap using two primary approaches: the container approach and the particularity approach. The container approach ignores the modern realities of electronic devices and the related privacy concerns. In contrast, the particularity approach accommodates these contemporary realities and increased privacy interests. This Comment concludes that courts should adopt the particularity approach to protect individuals from invasive government searches, in the true spirit of the Fourth Amendment.