Since the 1970's, federal legislation has expanded privacy rights in nonconstitutional areas. Juxtaposed against this more liberal legislative trend is the action of a significantly more conservative judiciary which has, and is, contracting that right in those areas governed by the Constitution. An examination of the Supreme Court's most recent decisions in the criminal law arena readily bears witness to this proclivity.
Re-Righting the Right to Privacy: The Supreme Court and the Constitutional Right to Privacy in Criminal Law,
41 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol41/iss1/5