jones
argued
november
decided
january
government
obtained
search
warrant
permitting
install
gps
tracking
device
vehicle
registered
respondent
jones
wife
warrant
authorized
installation
district
columbia
within
days
agents
installed
device
day
maryland
government
tracked
vehicle
movements
days
subsequently
secured
indictment
jones
others
drug
trafficking
conspiracy
charges
district
suppressed
gps
data
obtained
vehicle
parked
jones
residence
held
remaining
data
admissible
jones
reasonable
expectation
privacy
vehicle
public
streets
jones
convicted
circuit
reversed
concluding
admission
evidence
obtained
warrantless
use
gps
device
violated
fourth
amendment
held
government
attachment
gps
device
vehicle
use
device
monitor
vehicle
movements
constitutes
search
fourth
amendment
pp
fourth
amendment
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
government
physical
intrusion
effect
purpose
obtaining
information
constitutes
search
type
encroachment
area
enumerated
amendment
considered
search
within
meaning
amendment
time
adopted
pp
conclusion
consistent
fourth
amendment
jurisprudence
latter
half
century
tied
trespass
later
cases
deviated
exclusively
approach
applied
analysis
justice
harlan
concurrence
katz
said
fourth
amendment
protects
person
reasonable
expectation
privacy
need
address
government
contention
jones
reasonable
expectation
privacy
jones
fourth
amendment
rights
rise
fall
katz
formulation
bottom
must
assur
preservation
degree
privacy
government
existed
fourth
amendment
adopted
kyllo
katz
repudiate
understanding
fourth
amendment
embodies
particular
concern
government
trespass
upon
areas
enumerates
katz
test
added
substituted
trespassory
test
see
alderman
soldal
cook
county
knotts
karo
cases
rejecting
fourth
amendment
challenges
beepers
electronic
tracking
devices
representing
another
form
electronic
monitoring
foreclose
conclusion
search
occurred
new
york
class
oliver
also
support
government
position
pp
government
alternative
argument
attachment
use
device
search
reasonable
one
forfeited
raised
affirmed
scalia
delivered
opinion
roberts
kennedy
thomas
sotomayor
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sotomayor
filed
concurring
opinion
alito
filed
opinion
concurring
judgment
ginsburg
breyer
kagan
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
petitioner
antoine
jones
writ
certiorari
appeals
district
columbia
circuit
january
justice
scalia
delivered
opinion
decide
whether
attachment
gps
tracking
device
individual
vehicle
subsequent
use
device
monitor
vehicle
movements
public
streets
constitutes
search
seizure
within
meaning
fourth
amendment
respondent
antoine
jones
owner
operator
nightclub
district
columbia
came
suspicion
trafficking
narcotics
made
target
investigation
joint
fbi
metropolitan
police
department
task
force
officers
employed
various
investigative
techniques
including
visual
surveillance
nightclub
installation
camera
focused
front
door
club
pen
register
wiretap
covering
jones
cellular
phone
based
part
information
gathered
sources
government
applied
district
district
columbia
warrant
authorizing
use
electronic
tracking
device
jeep
grand
cherokee
registered
jones
wife
warrant
issued
authorizing
installation
device
district
columbia
within
days
day
district
columbia
agents
installed
gps
tracking
device
undercarriage
jeep
parked
public
parking
lot
next
days
government
used
device
track
vehicle
movements
replace
device
battery
vehicle
parked
different
public
lot
maryland
means
signals
multiple
satellites
device
established
vehicle
location
within
feet
communicated
location
cellular
phone
government
computer
relayed
pages
data
period
government
ultimately
obtained
indictment
charging
jones
several
alleged
relevant
conspiracy
distribute
possess
intent
distribute
five
kilograms
cocaine
grams
cocaine
base
violation
trial
jones
filed
motion
suppress
evidence
obtained
gps
device
district
granted
motion
part
suppressing
data
obtained
vehicle
parked
garage
adjoining
jones
residence
supp
held
remaining
data
admissible
person
traveling
automobile
public
thoroughfares
reasonable
expectation
privacy
movements
one
place
another
ibid
quoting
knotts
jones
trial
october
produced
hung
jury
conspiracy
count
march
grand
jury
returned
another
indictment
charging
jones
others
conspiracy
government
introduced
trial
locational
data
admitted
first
trial
connected
jones
alleged
conspirators
stash
house
contained
cash
kilograms
cocaine
kilogram
cocaine
base
jury
returned
guilty
verdict
district
sentenced
jones
life
imprisonment
appeals
district
columbia
circuit
reversed
conviction
admission
evidence
obtained
warrantless
use
gps
device
said
violated
fourth
amendment
maynard
circuit
denied
government
petition
rehearing
en
banc
four
judges
dissenting
granted
certiorari
ii
fourth
amendment
provides
relevant
part
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
beyond
dispute
vehicle
effect
term
used
amendment
chadwick
hold
government
installation
gps
device
target
use
device
monitor
vehicle
movements
constitutes
search
important
clear
occurred
case
government
physically
occupied
private
property
purpose
obtaining
information
doubt
physical
intrusion
considered
search
within
meaning
fourth
amendment
adopted
entick
carrington
eng
case
described
english
freedom
familiar
american
statesman
time
constitution
adopted
considered
true
ultimate
expression
constitutional
regard
search
seizure
brower
county
inyo
quoting
boyd
case
lord
camden
expressed
plain
terms
significance
property
rights
analysis
ur
law
holds
property
every
man
sacred
man
set
foot
upon
neighbour
close
without
leave
trespasser
though
damage
tread
upon
neighbour
ground
must
justify
law
entick
supra
text
fourth
amendment
reflects
close
connection
property
since
otherwise
referred
simply
right
people
secure
unreasonable
searches
seizures
phrase
persons
houses
papers
effects
superfluous
consistent
understanding
fourth
amendment
jurisprudence
tied
trespass
least
latter
half
century
kyllo
kerr
fourth
amendment
new
technologies
constitutional
myths
case
caution
rev
thus
olmstead
held
wiretaps
attached
telephone
wires
public
streets
constitute
fourth
amendment
search
entry
houses
offices
defendants
later
cases
course
deviated
exclusively
approach
katz
said
fourth
amendment
protects
people
places
found
violation
attachment
eavesdropping
device
public
telephone
booth
later
cases
applied
analysis
justice
harlan
concurrence
case
said
violation
occurs
government
officers
violate
person
reasonable
expectation
privacy
see
bond
california
ciraolo
smith
maryland
government
contends
harlan
standard
shows
search
occurred
since
jones
reasonable
expectation
privacy
area
jeep
accessed
government
agents
underbody
locations
jeep
public
roads
visible
need
address
government
contentions
jones
fourth
amendment
rights
rise
fall
katz
formulation
bottom
must
assur
preservation
degree
privacy
government
existed
fourth
amendment
adopted
kyllo
supra
explained
history
fourth
amendment
understood
embody
particular
concern
government
trespass
upon
areas
persons
houses
papers
effects
katz
repudiate
understanding
less
two
years
later
upheld
defendants
contention
government
introduce
conversations
people
obtained
warrantless
placement
electronic
surveillance
devices
homes
opinion
rejected
dissent
contention
fourth
amendment
violation
unless
conversational
privacy
homeowner
invaded
alderman
believe
katz
holding
fourth
amendment
protects
persons
private
conversations
intended
withdraw
protection
amendment
extends
home
recently
soldal
cook
county
unanimously
rejected
argument
although
seizure
occurred
sense
trailer
home
forcibly
removed
fourth
amendment
violation
occurred
law
enforcement
invade
individuals
privacy
katz
explained
established
property
rights
sole
measure
fourth
amendment
violations
snuf
previously
recognized
protection
property
justice
brennan
explained
concurrence
knotts
katz
erode
principle
government
engage
physical
intrusion
constitutionally
protected
area
order
obtain
information
intrusion
may
constitute
violation
fourth
amendment
opinion
concurring
judgment
embodied
preservation
past
rights
definition
reasonable
expectation
privacy
said
expectation
source
outside
fourth
amendment
either
reference
concepts
real
personal
property
law
understandings
recognized
permitted
society
minnesota
carter
internal
quotation
marks
omitted
katz
narrow
fourth
amendment
government
contends
several
cases
foreclose
conclusion
occurred
constituted
search
relies
principally
two
cases
rejected
fourth
amendment
challenges
beepers
electronic
tracking
devices
represent
another
form
electronic
monitoring
first
case
knotts
upheld
fourth
amendment
challenge
use
beeper
placed
container
chloroform
allowing
law
enforcement
monitor
location
container
said
infringement
knotts
reasonable
expectation
privacy
since
information
obtained
location
automobile
carrying
container
public
roads
location
container
open
fields
near
knotts
cabin
voluntarily
conveyed
discussed
katz
test
added
substituted
trespassory
test
holding
knotts
addressed
former
since
latter
issue
beeper
placed
container
came
knotts
possession
consent
knotts
challenge
installation
specifically
declined
consider
effect
fourth
amendment
analysis
knotts
relevant
perhaps
government
making
argument
otherwise
unconstitutional
search
produces
public
information
government
make
argument
know
case
support
second
beeper
case
karo
suggest
different
conclusion
addressed
question
left
open
knotts
whether
installation
beeper
container
amounted
search
seizure
knotts
time
beeper
installed
container
belonged
third
party
come
possession
defendant
later
thus
specific
question
considered
whether
installation
consent
original
owner
constitute
search
seizure
container
delivered
buyer
knowledge
presence
beeper
emphasis
added
held
government
said
came
physical
contact
container
belonged
defendant
karo
transfer
container
unmonitored
beeper
inside
convey
information
thus
invade
karo
privacy
see
conclusion
perfectly
consistent
one
reach
karo
accepted
container
came
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therefore
entitled
object
beeper
presence
even
though
used
monitor
container
location
cf
lee
search
seizure
informant
wearing
concealed
microphone
invited
defendant
business
jones
possessed
jeep
time
government
trespassorily
inserted
device
much
different
footing
government
also
points
exposition
new
york
class
exterior
car
thrust
public
eye
thus
examine
constitute
statement
marginal
relevance
since
government
acknowledges
officers
case
conduct
visual
inspection
respondent
vehicle
brief
emphasis
added
attaching
device
jeep
officers
encroached
protected
area
class
suggested
make
difference
concluded
officer
momentary
reaching
interior
vehicle
constitute
finally
government
position
gains
little
support
conclusion
oliver
officers
intrusion
open
field
constitute
fourth
amendment
search
even
though
trespass
common
law
quite
simply
open
field
unlike
curtilage
home
see
dunn
one
protected
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fourth
amendment
oliver
supra
see
also
hester
government
physical
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area
unlike
intrusion
effect
issue
fourth
amendment
concurrence
begins
accusing
us
applying
tort
law
post
distortion
apply
guarantee
unreasonable
searches
believe
must
provide
minimum
degree
protection
afforded
adopted
concurrence
share
belief
apply
exclusively
katz
test
even
eliminates
rights
previously
existed
concurrence
faults
approach
present
ing
particularly
vexing
problems
cases
involve
physical
contact
involve
transmission
electronic
signals
post
entirely
fail
understand
point
unlike
concurrence
make
katz
exclusive
test
make
trespass
exclusive
test
situations
involving
merely
transmission
electronic
signals
without
trespass
remain
subject
katz
analysis
fact
concurrence
insistence
exclusivity
katz
test
needlessly
leads
us
particularly
vexing
problems
present
case
date
deviated
understanding
mere
visual
observation
constitute
search
see
kyllo
accordingly
held
knotts
person
traveling
automobile
public
thoroughfares
reasonable
expectation
privacy
movements
one
place
another
thus
even
assuming
concurrence
correct
say
raditional
surveillance
jones
period
required
large
team
agents
multiple
vehicles
perhaps
aerial
assistance
post
cases
suggest
visual
observation
constitutionally
permissible
may
achieving
result
electronic
means
without
accompanying
trespass
unconstitutional
invasion
privacy
present
case
require
us
answer
question
answering
affirmatively
leads
us
needlessly
additional
thorny
problems
concurrence
posits
relatively
monitoring
person
movements
public
streets
okay
use
longer
term
gps
monitoring
investigations
offenses
good
post
emphasis
added
introduces
yet
another
novelty
jurisprudence
precedent
proposition
whether
search
occurred
depends
nature
crime
investigated
even
accepting
novelty
remains
unexplained
investigation
surely
long
conspiracy
involving
substantial
amounts
cash
narcotics
extraordinary
offens
may
permit
longer
observation
see
post
monitoring
suspected
purveyor
stolen
electronics
monitoring
suspected
terrorist
may
grapple
vexing
problems
future
case
classic
trespassory
search
involved
resort
must
katz
analysis
reason
rushing
forward
resolve
iii
government
argues
alternative
even
attachment
use
device
search
reasonable
thus
lawful
fourth
amendment
officers
reasonable
suspicion
indeed
probable
cause
believe
jones
leader
cocaine
distribution
conspiracy
brief
occasion
consider
argument
government
raise
circuit
therefore
address
see
ginsburg
tatel
griffith
concurring
denial
rehearing
en
banc
consider
argument
forfeited
see
sprietsma
mercury
marine
judgment
appeals
circuit
affirmed
ordered
sotomayor
concurring
petitioner
antoine
jones
writ
certiorari
appeals
district
columbia
circuit
january
justice
sotomayor
concurring
join
opinion
agree
search
within
meaning
fourth
amendment
occurs
minimum
government
obtains
information
physically
intruding
constitutionally
protected
area
ante
case
government
installed
global
positioning
system
gps
tracking
device
respondent
antoine
jones
jeep
without
valid
warrant
without
jones
consent
used
device
monitor
jeep
movements
course
four
weeks
government
usurped
jones
property
purpose
conducting
surveillance
thereby
invading
privacy
interests
long
afforded
undoubtedly
entitled
fourth
amendment
protection
see
silverman
course
fourth
amendment
concerned
trespassory
intrusions
property
see
kyllo
rather
even
absence
trespass
fourth
amendment
search
occurs
government
violates
subjective
expectation
privacy
society
recognizes
reasonable
see
also
smith
maryland
katz
harlan
concurring
katz
enlarged
focus
property
rights
announcing
reach
fourth
amendment
turn
upon
presence
absence
physical
intrusion
majority
opinion
makes
clear
however
katz
test
augmented
displace
diminish
trespassory
test
preceded
ante
thus
government
engage
physical
intrusion
constitutionally
protected
area
order
obtain
information
intrusion
may
constitute
violation
fourth
amendment
knotts
brennan
concurring
judgment
see
also
rakas
illinois
justice
alito
approach
discounts
altogether
constitutional
relevance
government
physical
intrusion
jones
jeep
erodes
longstanding
protection
privacy
expectations
inherent
items
property
people
possess
control
see
post
opinion
concurring
judgment
contrast
trespassory
test
applied
majority
opinion
reflects
irreducible
constitutional
minimum
government
physically
invades
personal
property
gather
information
search
occurs
reaffirmation
principle
suffices
decide
case
nonetheless
justice
alito
notes
physical
intrusion
unnecessary
many
forms
surveillance
post
increasing
regularity
government
capable
duplicating
monitoring
undertaken
case
enlisting
vehicle
tracking
devices
smartphones
see
kozinski
dissenting
denial
rehearing
en
banc
cases
electronic
novel
modes
surveillance
depend
upon
physical
invasion
property
majority
opinion
trespassory
test
may
provide
little
guidance
ituations
involving
merely
transmission
electronic
signals
without
trespass
remain
subject
katz
analysis
ante
justice
alito
incisively
observes
technological
advances
made
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surveillance
techniques
also
affect
katz
test
shaping
evolution
societal
privacy
expectations
post
rubric
agree
justice
alito
least
longer
term
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monitoring
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offenses
impinges
expectations
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post
cases
involving
even
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unique
attributes
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surveillance
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analysis
require
particular
attention
gps
monitoring
generates
precise
comprehensive
record
person
public
movements
reflects
wealth
detail
familial
political
professional
religious
sexual
associations
see
people
weaver
disclosed
gps
data
trips
indisputably
private
nature
takes
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imagination
conjure
trips
psychiatrist
plastic
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abortion
clinic
aids
treatment
center
strip
club
criminal
defense
attorney
motel
union
meeting
mosque
synagogue
church
gay
bar
government
store
records
efficiently
mine
information
years
future
opinion
kozinski
gps
monitoring
cheap
comparison
conventional
surveillance
techniques
design
proceeds
surreptitiously
evades
ordinary
checks
constrain
abusive
law
enforcement
practices
limited
police
resources
community
hostility
illinois
lidster
awareness
government
may
watching
chills
associational
expressive
freedoms
government
unrestrained
power
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data
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private
aspects
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result
gps
monitoring
making
available
relatively
low
cost
substantial
quantum
intimate
information
person
government
unfettered
discretion
chooses
track
may
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citizen
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way
inimical
democratic
society
flaum
concurring
take
attributes
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monitoring
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considering
existence
reasonable
societal
expectation
privacy
sum
one
public
movements
ask
whether
people
reasonably
expect
movements
recorded
aggregated
manner
enables
government
ascertain
less
political
religious
beliefs
sexual
habits
regard
dispositive
fact
government
might
obtain
fruits
gps
monitoring
lawful
conventional
surveillance
techniques
see
kyllo
ante
leaving
open
possibility
duplicating
traditional
surveillance
electronic
means
without
accompanying
trespass
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invasion
privacy
also
consider
appropriateness
entrusting
executive
absence
oversight
coordinate
branch
tool
amenable
misuse
especially
light
fourth
amendment
goal
curb
arbitrary
exercises
police
power
prevent
permeating
police
surveillance
di
fundamentally
may
necessary
reconsider
premise
individual
reasonable
expectation
privacy
information
voluntarily
disclosed
third
parties
smith
miller
approach
ill
suited
digital
age
people
reveal
great
deal
information
third
parties
course
carrying
mundane
tasks
people
disclose
phone
numbers
dial
text
cellular
providers
urls
visit
addresses
correspond
internet
service
providers
books
groceries
medications
purchase
online
retailers
perhaps
justice
alito
notes
people
may
find
tradeoff
privacy
convenience
worthwhile
come
accept
diminution
privacy
inevitable
post
perhaps
one
doubt
people
accept
without
complaint
warrantless
disclosure
government
list
every
web
site
visited
last
week
month
year
whatever
societal
expectations
attain
constitutionally
protected
status
fourth
amendment
jurisprudence
ceases
treat
secrecy
prerequisite
privacy
assume
information
voluntarily
disclosed
member
public
limited
purpose
reason
alone
disentitled
fourth
amendment
protection
see
smith
marshall
dissenting
privacy
discrete
commodity
possessed
absolutely
disclose
certain
facts
bank
phone
company
limited
business
purpose
need
assume
information
released
persons
purposes
see
also
katz
hat
person
seeks
preserve
private
even
area
accessible
public
may
constitutionally
protected
resolution
difficult
questions
case
unnecessary
however
government
physical
intrusion
jones
jeep
supplies
narrower
basis
decision
therefore
join
majority
opinion
alito
concurring
judgment
petitioner
antoine
jones
writ
certiorari
appeals
district
columbia
circuit
january
justice
alito
justice
ginsburg
justice
breyer
justice
kagan
join
concurring
judgment
case
requires
us
apply
fourth
amendment
prohibition
unreasonable
searches
seizures
surveillance
technique
use
global
system
gps
device
monitor
vehicle
extended
period
time
ironically
chosen
decide
case
based
tort
law
attaching
small
gps
underside
vehicle
respondent
drove
law
enforcement
officers
case
engaged
conduct
might
provided
grounds
suit
trespass
reason
concludes
installation
use
gps
device
constituted
search
ante
holding
judgment
unwise
strains
language
fourth
amendment
little
support
current
fourth
amendment
case
law
highly
artificial
analyze
question
presented
case
asking
whether
respondent
reasonable
expectations
privacy
violated
monitoring
movements
vehicle
drove
fourth
amendment
prohibits
unreasonable
searches
seizures
makes
little
effort
explain
attachment
use
gps
device
fits
within
terms
contend
seizure
seizure
property
occurs
meaningful
interference
possessory
interests
property
jacobsen
none
indeed
success
surveillance
technique
officers
employed
dependent
fact
gps
interfere
way
operation
vehicle
interference
detected
device
might
discovered
claim
installation
use
gps
constituted
search
see
ante
dependent
questionable
proposition
two
procedures
separated
purposes
fourth
amendment
analysis
two
procedures
analyzed
separately
clear
opinion
either
regarded
search
clear
attachment
gps
device
search
device
functioned
officers
used
information
obtained
contend
use
device
constituted
search
either
contrary
accepts
holding
knotts
use
surreptitiously
planted
electronic
device
monitor
vehicle
movements
public
roads
amount
search
see
ante
argues
agree
must
preservation
degree
privacy
government
existed
fourth
amendment
adopted
ante
quoting
kyllo
almost
impossible
think
situations
analogous
took
place
case
possible
imagine
case
constable
secreted
somewhere
coach
remained
period
time
order
monitor
movements
coach
owner
theory
seems
concept
search
originally
comprehended
technical
trespass
led
gathering
evidence
know
common
law
unauthorized
intrusion
private
property
actionable
see
prosser
keeton
trespass
open
fields
opposed
curtilage
home
fall
within
scope
fourth
amendment
private
property
outside
curtilage
part
hous
within
meaning
fourth
amendment
see
oliver
hester
reasoning
case
similar
early
decisions
involving
wiretapping
electronic
eavesdropping
namely
technical
trespass
followed
gathering
evidence
constitutes
search
early
electronic
surveillance
cases
concluded
fourth
amendment
search
occurred
private
conversations
monitored
result
unauthorized
physical
penetration
premises
occupied
defendant
silverman
silverman
police
officers
listened
conversations
attached
home
inserting
spike
mike
wall
house
shared
vacant
house
next
door
procedure
held
search
mike
made
contact
heating
duct
side
wall
thus
usurp
ed
integral
part
premises
contrast
cases
trespass
held
search
thus
olmstead
found
fourth
amendment
apply
taps
house
lines
made
streets
near
houses
similarly
concluded
search
occurred
goldman
detectaphone
placed
outer
wall
defendant
office
purpose
overhearing
conversations
held
within
room
rule
repeatedly
criticized
olmstead
justice
brandeis
wrote
immaterial
physical
connection
telephone
wires
made
dissenting
opinion
private
conversation
transmitted
wire
fall
within
literal
words
fourth
amendment
argued
amendment
understood
prohibiting
every
unjustifiable
intrusion
government
upon
privacy
individual
see
also
silverman
supra
douglas
concurring
concept
unauthorized
physical
penetration
premises
present
decision
rests
seems
beside
point
wrong
done
intimacies
home
tapped
recorded
revealed
depth
penetration
electronic
device
even
degree
remoteness
inside
house
measure
injury
goldman
supra
murphy
dissenting
search
one
home
office
longer
requires
physical
entry
science
brought
forth
far
effective
devices
invasion
person
privacy
direct
obvious
methods
oppression
detested
forebears
inspired
fourth
amendment
katz
finally
away
old
approach
holding
trespass
required
fourth
amendment
violation
katz
use
listening
device
attached
outside
public
telephone
booth
allowed
police
officers
eavesdrop
one
end
target
phone
conversation
procedure
physically
intrude
area
occupied
target
katz
repudiate
ed
old
doctrine
rakas
illinois
held
fact
electronic
device
employed
happen
penetrate
wall
booth
constitutional
significance
reach
th
fourth
amendment
turn
upon
presence
absence
physical
intrusion
given
enclosure
see
rakas
supra
describing
katz
holding
claim
protection
fourth
amendment
depends
upon
property
right
invaded
place
upon
whether
person
claims
protection
amendment
legitimate
expectation
privacy
invaded
place
kyllo
supra
since
decoupled
violation
person
fourth
amendment
rights
trespassory
violation
property
mattered
held
whether
conduct
issue
violated
privacy
upon
defendant
justifiably
relied
using
telephone
booth
katz
supra
approach
later
put
addressing
relevance
technical
trespass
actual
trespass
neither
necessary
sufficient
establish
constitutional
violation
karo
emphasis
added
ibid
compar
ing
katz
trespass
fourth
amendment
violation
oliver
trespass
fourth
amendment
violation
oliver
wrote
existence
property
right
one
element
determining
whether
expectations
privacy
legitimate
premise
property
interests
control
right
government
search
seize
discredited
katz
quoting
warden
hayden
internal
quotation
marks
omitted
ii
majority
suggests
two
decisions
soldal
cook
county
alderman
show
technical
trespass
sufficient
establish
existence
search
provide
little
support
soldal
held
towing
away
trailer
home
without
owner
consent
constituted
seizure
even
invade
occupants
personal
privacy
present
case
find
seizure
clear
none
occurred
alderman
held
fourth
amendment
rights
homeowners
implicated
use
surreptitiously
planted
listening
device
monitor
conversations
occurred
within
home
see
alderman
best
understood
mean
homeowners
legitimate
expectation
privacy
conversations
took
place
roof
see
rakas
citing
alderman
proposition
altogether
abandoned
use
property
concepts
determining
presence
absence
privacy
interests
protected
amendment
powell
concurring
citing
alderman
proposition
property
rights
reflect
society
explicit
recognition
person
act
wishes
certain
areas
therefore
considered
determining
whether
individual
expectations
privacy
reasonable
karo
supra
stevens
concurring
part
dissenting
part
citing
alderman
support
proposition
homeowner
reasonable
expectation
privacy
contents
home
including
items
owned
others
sum
majority
hard
pressed
find
support
cases
theory
iii
disharmony
substantial
body
existing
case
law
one
problems
approach
case
briefly
note
four
others
first
reasoning
largely
disregards
really
important
use
gps
purpose
tracking
instead
attaches
great
significance
something
view
relatively
minor
attaching
bottom
car
small
light
object
interfere
way
car
operation
attaching
object
generally
regarded
trivial
provide
basis
recovery
modern
tort
law
see
prosser
keeton
harmless
trivial
contact
personal
property
actionable
dobbs
law
torts
reasoning
conduct
may
violate
fourth
amendment
contrast
monitoring
accomplished
without
committing
technical
trespass
suppose
example
federal
government
required
persuaded
auto
manufacturers
include
gps
tracking
device
every
car
theory
provide
protection
second
approach
leads
incongruous
results
police
attach
gps
device
car
use
device
follow
car
even
brief
time
theory
fourth
amendment
applies
police
follow
car
much
longer
period
using
unmarked
cars
aerial
assistance
tracking
subject
fourth
amendment
constraints
present
case
fourth
amendment
applies
concludes
officers
installed
gps
device
respondent
wife
car
registered
turned
respondent
exclusive
use
see
ante
gps
attached
prior
time
theory
lead
different
result
proceeds
assumption
respondent
least
property
rights
bailee
ante
bailee
may
sue
trespass
chattel
injury
occurs
term
bailment
see
jur
bailment
pp
gps
device
installed
respondent
wife
gave
keys
respondent
claim
trespass
presumably
fourth
amendment
claim
either
third
theory
coverage
fourth
amendment
may
vary
state
state
events
issue
occurred
community
property
state
adopted
uniform
marital
property
respondent
likely
owner
vehicle
matter
whether
gps
installed
wife
turned
keys
hand
registration
vehicle
name
respondent
wife
generally
regarded
presumptive
evidence
sole
owner
see
motor
vehicles
pp
jur
automobiles
pp
fourth
reliance
law
trespass
present
particularly
vexing
problems
cases
involving
surveillance
carried
making
electronic
opposed
physical
contact
item
tracked
example
suppose
officers
present
case
followed
respondent
surreptitiously
activating
stolen
vehicle
detection
system
came
car
purchased
sending
radio
signal
activate
system
constitute
trespass
chattels
trespass
chattels
traditionally
required
physical
touching
property
see
restatement
second
torts
comment
dobbs
supra
recent
years
courts
wrestled
application
old
tort
cases
involving
unwanted
electronic
contact
computer
systems
held
even
transmission
electrons
occurs
communication
sent
one
computer
another
enough
see
compuserve
cyber
promotions
supp
sd
ohio
bezenek
cal
app
may
decisions
followed
applying
trespass
theory
assuming
matters
theory
law
trespass
existed
time
adoption
fourth
amendment
recent
decisions
represent
change
law
simply
application
old
tort
new
situations
iv
katz
test
avoids
problems
complications
noted
without
difficulties
involves
degree
circularity
see
kyllo
judges
apt
confuse
expectations
privacy
hypothetical
reasonable
person
katz
test
looks
see
minnesota
carter
scalia
concurring
addition
katz
test
rests
assumption
hypothetical
reasonable
person
stable
set
privacy
expectations
technology
change
expectations
dramatic
technological
change
may
lead
periods
popular
expectations
flux
may
ultimately
produce
significant
changes
popular
attitudes
new
technology
may
provide
increased
convenience
security
expense
privacy
many
people
may
find
tradeoff
worthwhile
even
public
welcome
diminution
privacy
new
technology
entails
may
eventually
reconcile
development
hand
concern
new
intrusions
privacy
may
spur
enactment
legislation
protect
intrusions
ultimately
happened
respect
wiretapping
katz
congress
leave
courts
develop
body
fourth
amendment
case
law
governing
complex
subject
instead
congress
promptly
enacted
comprehensive
statute
see
ed
supp
iv
since
time
regulation
wiretapping
governed
primarily
statute
case
ironic
sense
although
katz
overruled
olmstead
chief
justice
taft
suggestion
latter
case
regulation
wiretapping
matter
better
left
congress
see
borne
recent
years
seen
emergence
many
new
devices
permit
monitoring
person
movements
locales
television
video
monitoring
becoming
ubiquitous
toll
roads
automatic
toll
collection
systems
create
precise
record
movements
motorists
choose
make
use
convenience
many
motorists
purchase
cars
equipped
devices
permit
central
station
ascertain
car
location
time
roadside
assistance
may
provided
needed
car
may
found
stolen
perhaps
significant
cell
phones
wireless
devices
permit
wireless
carriers
track
record
location
users
june
reported
million
wireless
devices
use
older
phones
accuracy
location
information
depends
tower
network
new
smart
phones
equipped
gps
device
permit
precise
tracking
example
user
activates
gps
phone
provider
able
monitor
phone
location
speed
movement
report
back
traffic
conditions
combining
crowdsourcing
speed
phones
particular
similarly
services
offered
social
tools
allowing
consumers
find
avoid
others
enroll
services
availability
use
new
devices
continue
shape
average
person
expectations
privacy
daily
movements
age
greatest
protections
privacy
neither
constitutional
statutory
practical
traditional
surveillance
extended
period
time
difficult
costly
therefore
rarely
undertaken
surveillance
issue
case
constant
monitoring
location
vehicle
four
weeks
required
large
team
agents
multiple
vehicles
perhaps
aerial
investigation
unusual
importance
justified
expenditure
law
enforcement
resources
devices
like
one
used
present
case
however
make
monitoring
relatively
easy
cheap
circumstances
involving
dramatic
technological
change
best
solution
privacy
concerns
may
legislative
see
kerr
legislative
body
well
situated
gauge
changing
public
attitudes
draw
detailed
lines
balance
privacy
public
safety
comprehensive
way
date
however
congress
enacted
statutes
regulating
use
gps
tracking
technology
law
enforcement
purposes
best
case
apply
existing
fourth
amendment
doctrine
ask
whether
use
gps
tracking
particular
case
involved
degree
intrusion
reasonable
person
anticipated
approach
relatively
monitoring
person
movements
public
streets
accords
expectations
privacy
society
recognized
reasonable
see
knotts
use
longer
term
gps
monitoring
investigations
offenses
impinges
expectations
privacy
offenses
society
expectation
law
enforcement
agents
others
indeed
main
simply
secretly
monitor
catalogue
every
single
movement
individual
car
long
period
case
four
weeks
law
enforcement
agents
tracked
every
movement
respondent
made
vehicle
driving
need
identify
precision
point
tracking
vehicle
became
search
line
surely
crossed
mark
cases
may
present
difficult
questions
uncertainty
exists
respect
whether
certain
period
gps
surveil
lance
long
enough
constitute
fourth
amendment
search
police
may
always
seek
also
need
consider
whether
prolonged
gps
monitoring
context
investigations
involving
extraordinary
offenses
similarly
intrude
constitutionally
protected
sphere
privacy
cases
tracking
might
mounted
using
previously
available
techniques
reasons
conclude
lengthy
monitoring
occurred
case
constituted
search
fourth
amendment
therefore
agree
majority
decision
appeals
must
affirmed
footnotes
litigation
government
conceded
noncompliance
warrant
argued
warrant
required
maynard
cadc
noted
jeep
registered
jones
wife
government
acknowledged
however
jones
exclusive
driver
internal
quotation
marks
omitted
jones
owner
least
property
rights
bailee
appeals
concluded
vehicle
registration
affect
ability
make
fourth
amendment
objection
government
challenged
determination
therefore
consider
fourth
amendment
significance
jones
status
justice
alito
concurrence
hereinafter
concurrence
doubts
wisdom
approach
almost
impossible
think
situations
analogous
took
place
case
post
opinion
concurring
judgment
fact
posits
situation
far
afield
constable
concealing
target
coach
order
track
movements
ibid
doubt
information
gained
trespassory
activity
product
unlawful
search
whether
information
consisted
conversations
occurring
coach
destinations
coach
traveled
case
quite
irrelevant
whether
analog
whatever
new
methods
investigation
may
devised
task
minimum
decide
whether
action
question
constituted
search
within
original
meaning
fourth
amendment
government
obtains
information
physically
intruding
constitutionally
protected
area
search
undoubtedly
occurred
thus
concurrence
attempt
recast
alderman
meaning
individuals
legitimate
expectation
privacy
conversations
take
place
roof
post
foreclosed
opinion
took
given
homeowner
conversational
privacy
violated
concurrence
notes
explained
actual
trespass
neither
necessary
sufficient
establish
constitutional
violation
post
quoting
karo
undoubtedly
true
undoubtedly
irrelevant
karo
considering
whether
seizure
occurred
concurrence
explains
seizure
property
occurs
trespass
meaningful
interference
individual
possessory
interests
property
post
internal
quotation
marks
omitted
likewise
search
trespass
alone
qualify
must
conjoined
present
attempt
find
something
obtain
information
related
similarly
irrelevant
concurrence
point
analyzed
separately
neither
installation
device
use
constitute
fourth
amendment
search
see
ibid
course
trespass
houses
effects
katz
invasion
privacy
alone
search
unless
done
obtain
information
obtaining
information
alone
search
unless
achieved
trespass
invasion
privacy
knotts
noted
limited
use
government
made
signals
particular
beeper
reserved
question
whether
different
constitutional
principles
may
applicable
law
enforcement
practices
type
gps
tracking
made
possible
ibid
government
also
points
cardwell
lewis
rejected
claim
inspection
impounded
vehicle
tire
tread
collection
paint
scrapings
exterior
violated
fourth
amendment
whether
plurality
said
search
occurred
search
reasonable
unclear
compare
opinion
blackmun
fail
comprehend
expectation
privacy
infringed
circumstances
probable
cause
exists
warrantless
examination
exterior
car
unreasonable
thus
theory
fourth
amendment
concerned
technical
trespass
led
gathering
evidence
post
alito
concurring
judgment
emphasis
added
fourth
amendment
protects
trespassory
searches
regard
items
persons
houses
papers
effects
enumerates
trespass
occurred
oliver
may
properly
understood
search
one
constitutional
sense
footnotes
knotts
foreclose
conclusion
gps
monitoring
absence
physical
intrusion
fourth
amendment
search
majority
opinion
notes
knotts
reserved
question
whether
constitutional
principles
may
invasive
law
enforcement
practices
gps
tracking
see
ante
quoting
karo
addressed
fourth
amendment
implications
installation
beeper
container
consent
container
original
owner
aware
beeper
used
surveillance
purposes
owners
cars
smartphones
contemplate
devices
used
enable
covert
surveillance
movements
contrary
subscribers
one
service
greeted
similar
suggestion
anger
quain
changes
onstar
privacy
terms
rile
users
times
online
http
visited
available
clerk
case
file
addition
bugged
container
karo
lacked
close
relationship
target
car
shares
owner
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container
karo
stationary
much
government
surveillance
see
car
movements
contrast
owner
movements
footnotes
although
record
reveal
size
weight
device
used
case
device
use
weighs
two
ounces
size
credit
card
tr
oral
arg
common
law
suit
trespass
chattels
maintained
violation
dignitary
interest
inviolability
chattels
today
must
actual
damage
chattel
action
maintained
keeton
dobbs
keeton
owen
prosser
keeton
law
torts
ed
hereinafter
prosser
keeton
actual
damage
vehicle
gps
device
attached
suggests
something
like
might
occurred
required
either
gigantic
coach
tiny
constable
mention
constable
incredible
fortitude
patience
see
cal
family
code
ann
west
see
uniform
marital
property
act
see
npr
end
privacy
http
internet
materials
visited
available
clerk
case
file
time
magazine
everything
tracked
get
joel
stein
mar
vol
see
kerr
fourth
amendment
new
technologies
constitutional
myths
case
caution
rev
hereinafter
kerr
see
ctia
consumer
info
wireless
quick
facts
http
see
bright
side
sitting
traffic
crowdsourcing
road
congestion
data
google
blog
http
even
radio
transmitter
like
used
knotts
karo
surveillance
exceptionally
demanding
beepers
used
cases
merely
emit
ted
periodic
signals
picked
radio
receiver
knotts
signal
limited
range
lost
police
stay
close
enough
indeed
knotts
officers
lost
signal
beeper
assistance
monitoring
device
located
helicopter
approximate
location
signal
picked
one
hour
later
case
agents
obtained
warrant
comply
two
warrant
restrictions
install
gps
device
within
period
required
terms
warrant
fed
rule
crim
proc
install
gps
device
within
district
columbia
required
terms
warrant
rule
courts
government
argue
argued
fourth
amendment
impose
precise
restrictions
violation
restrictions
demand
suppression
evidence
obtained
using
tracking
device
see
gerber
burke
raised
question
us