Our generation is used to giving up control over vast amounts of personal information. From Facebook check-ins to cell site location information, the police have readily ascertainable digital footprints to track virtually all of our movements. The question, which the Supreme Court will likely have to address going forward, is how much digital information can be presented in court without violating either the Fourth Amendment’s protections against unreasonable searches.
The 2000 Presidential Election—where Bush beat Gore, taking 271 Electoral College Votes to Gore’s 266, but losing the popular vote by about 500,000 votes (at least officially) —brought us Bush v. Gore.
An automatic machine recount revealed that the margin of victory in Florida was only 327 votes in favor of Bush. In the American winner-takes-all electoral system, this meant that Bush would take all of Florida’s 25 electoral votes and with them the presidency.