| 英文摘要 |
Since its approval and implementation in 1791, the Fourth Amendment to the U.S. Constitution has never been revised or supplemented and remains a fundamental norm that government officials (especially the police) must follow when conducting searches and seizures. Despite challenges and controversies regarding the applicability of the Fourth Amendment to various new technologies and products, such as telephone wiretapping, thermal imaging, mobile phone searches, and mobile phone location information, through sorting out the various interpretation methods and adjudication approaches of Supreme Court justices over the years, three macro-level ideas can be summarized: extracting legal system principles, reconstructing the balance of interests, and exploring theoretical innovations. It can also be found that the controversy between originalism and the theory of a living constitution, the use of analogical reasoning, and the tradition of dissenting opinions in judicial documents all play a role in the legal response to the challenges of technological development. These insights are undoubtedly enlightening for the development of the rule of law and legal research in the digital economy era. |
