Commonwealth v. Kurtz, J., Aplt.

Summary

Justice Donohue, dissenting, would hold that Article I, Section 8 protects a person's Google search queries and associated IP address from warrantless government access because internet searching is practically necessary in modern society and the accumulated data creates a virtual biography. She would also conclude that the keyword warrant lacked probable cause because the affidavit showed no individualized suspicion or nexus between the crime and Google's database. Justice Donohue would reverse the Superior Court's order and require suppression.