minnesota carter argued october decided december police officer looked apartment window gap closed blind observed respondents carter johns apartment lessee bagging cocaine respondents arrested moved suppress inter alia cocaine evidence obtained apartment car arguing officer initial observation unreasonable search violation fourth amendment respondents convicted state drug offenses minnesota trial held since overnight social guests entitled fourth amendment protection officer observation search amendment state appeals held carter standing object officer actions evidence indicated used apartment business purpose package drugs separately affirmed johns conviction without addressing standing issue reversing state held respondents standing claim fourth amendment protection legitimate expectation privacy invaded place officer observation constituted unreasonable search held search may occurred violate respondents fourth amendment rights state courts analysis respondents expectation privacy rubric standing doctrine expressly rejected rakas illinois rather claim fourth amendment protection defendant must demonstrate personally expectation privacy place searched expectation reasonable fourth amendment protects persons unreasonable searches persons houses thus indicates personal right must invoked individual extent amendment protects people may depend upon people overnight guest may legitimate expectation privacy someone else home see minnesota olson one merely present consent householder may see jones expectation privacy commercial property different less similar expectation home new york burger purely commercial nature transaction relatively short period time respondents premises lack previous connection householder lead conclusion situation closer one simply permitted premises search may occurred violate fourth amendment rights respondents legitimate expectation privacy need decide whether officer observation constituted search pp first judgment second judgment reversed remanded rehnquist delivered opinion scalia kennedy thomas joined scalia filed concurring opinion thomas joined kennedy filed concurring opinion breyer filed opinion concurring judgment ginbsurg filed dissenting opinion stevens souter joined minnesota petitioner wayne thomas carter minnesota melvin johns writ certiorari minnesota december chief justice rehnquist delivered opinion respondents lessee apartment sitting one rooms bagging cocaine engaged observed police officer looked drawn window blind minnesota held officer viewing search violated respondents fourth amendment rights hold violation occurred james thielen police officer twin cities suburb eagan minnesota went apartment building investigate tip confidential informant informant said walked window apartment seen people putting white powder bags officer looked window gap closed blind observed bagging operation several minutes notified headquarters began preparing affidavits search warrant returned apartment building two men left building previously identified cadillac police stopped car inside respondents carter johns police opened door car let johns observed black zippered pouch handgun later determined loaded vehicle floor carter johns arrested later police search vehicle next day discovered pagers scale grams cocaine plastic sandwich bags seizing car police returned apartment arrested occupant kimberly thompson party appeal search apartment pursuant warrant revealed cocaine residue kitchen table plastic baggies similar found cadillac thielen identified carter johns thompson three people observed placing powder baggies police later learned thompson lessee apartment carter johns lived chicago come apartment sole purpose packaging cocaine carter johns never apartment apartment approximately hours return use apartment carter johns given thompson ounce cocaine carter johns charged conspiracy commit controlled substance crime first degree aiding abetting controlled substance crime first degree violation stat subd subd moved suppress evidence obtained apartment cadillac well suppress several incriminating statements made argued thielen initial observation drug packaging activities unreasonable search violation fourth amendment evidence obtained result unreasonable search inadmissible fruit poisonous tree minnesota trial held since unlike defendant minnesota olson carter johns overnight social guests temporary visitors entitled claim protection fourth amendment government intrusion apartment trial also concluded thielen observation search within meaning fourth amendment trial carter johns convicted offenses minnesota appeals held respondent carter standing object thielen actions claim predominantly social guest inconsistent evidence concerning stay apartment indicates used business purpose package drugs state carter separate appeal appeals also affirmed johns conviction without addressing termed standing issue state johns ct june app unpublished divided minnesota reversed holding respondents standing claim protection fourth amendment legitimate expectation privacy invaded place quoting rakas illinois noted even though society recognize valuable task bagging cocaine conclude society recognize valuable right property owners leaseholders invite persons privacy homes conduct common task legal illegal activity therefore hold respondents standing bring motion suppress evidence gathered result thielen observations see also based upon conclusion respondents standing raise fourth amendment claims went hold thielen observation constituted search apartment fourth amendment search unreasonable id granted certiorari reverse minnesota courts analyzed whether respondents legitimate expectation privacy rubric standing doctrine analysis expressly rejected years ago rakas case held automobile passengers assert protection fourth amendment seizure incriminating evidence vehicle owned neither vehicle evidence ibid central analysis idea determining whether defendant able show violation someone else fourth amendment rights definition rights properly placed within purview substantive fourth amendment law within standing thus held order claim protection fourth amendment defendant must demonstrate personally expectation privacy place searched expectation reasonable one source outside fourth amendment either reference concepts real personal property law understandings recognized permitted society see also smith maryland fourth amendment guarantees right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized amendment protects persons unreasonable searches persons houses thus indicates fourth amendment personal right must invoked individual see katz fourth amendment protects people places extent fourth amendment protects people may depend upon people held capacity claim protection fourth amendment depends upon whether person claims protection amendment legitimate expectation privacy invaded place rakas supra see also rawlings kentucky text amendment suggests protections extend people houses held circumstances person may legitimate expectation privacy house someone else minnesota olson example decided overnight guest house sort expectation privacy fourth amendment protects said hold overnight guest legitimate expectation privacy host home merely recognizes every day expectations privacy share staying overnight another home social custom serves functions recognized valuable society stay others homes travel strange city business pleasure visit parents children distant relatives town jobs homes friend overnight guest perspective seeks shelter another home precisely provides privacy place possessions disturbed anyone host host allows inside vulnerable asleep monitor safety security belongings reason although may spend day public places sleep home seek another private place sleep whether hotel room home friend jones defendant seeking exclude evidence resulting search apartment given use apartment friend clothing apartment slept maybe night time sole occupant apartment holding jones search apartment violated defendant fourth amendment rights still valid statement anyone legitimately premises search occurs may challenge legality expressly repudiated rakas illinois thus overnight guest home may claim protection fourth amendment one merely present consent householder may respondents obviously overnight guests essentially present business transaction home matter hours suggestion previous relationship thompson purpose visit anything similar overnight guest relationship olson suggest degree acceptance household apartment dwelling place thompson respondents simply place business property used commercial purposes treated differently fourth amendment purposes residential property expectation privacy commercial premises however different indeed less similar expectation individual home new york burger home respondents present home similarly held circumstances worker claim fourth amendment protection workplace see ortega indication respondents case nearly significant connection thompson apartment worker private office see id regard overnight guest minnesota olson typifying may claim protection fourth amendment home another one merely legitimately premises typifying may present case obviously somewhere purely commercial nature transaction engaged relatively short period time premises lack previous connection respondents householder lead us conclude respondents situation closer one simply permitted premises therefore hold search may occurred violate fourth amendment rights conclude respondents legitimate expectation privacy apartment need decide whether police officer observation constituted search judgment minnesota accordingly reversed cause remanded proceedings inconsistent opinion ordered minnesota petitioner wayne thomas carter minnesota melvin johns writ certiorari minnesota december justice scalia justice thomas joins concurring join opinion believe accurately applies recent case law including minnesota olson write separately express view case law like submissions parties case gives short shrift text fourth amendment well long understood meaning text specifically leaps apply fuzzy standard legitimate expectation privacy consideration often relevant whether search seizure covered fourth amendment unreasonable threshold question whether search seizure covered fourth amendment occurred latter question addressed first analyzed text constitution traditionally understood present case remotely difficult fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures amdt emphasis added must acknowledged phrase houses provision isolation ambiguous mean respective houses protection extends person house also mean respective houses person protected even visiting house someone else today opinion suggests however ante linguistically possible give provision latter expansive interpretation respect houses without giving interpretation respect nouns parallel houses persons papers effects give constitutional right person unreasonably searched absurd knowledge never contemplated obvious meaning provision person right secure unreasonable searches seizures person house papers effects materials examined confirm understood meaning strangely materials went unmentioned state amici unmentioned even state reply brief even though respondents thrown gauntlet briefs totaling pages state minnesota amici attorneys general solicitor general america mentioned one word history purposes fourth amendment intent framers amendment brief respondents like provisions bill rights fourth amendment derived provisions already existing state constitutions four provisions contained language similar fourth amendment two used ambiguous terminology see pa art people right hold houses papers possessions free search seizure vt ch people right hold houses papers possessions free search seizure two however avoided ambiguity using singular instead plural see mass pt art xiv every subject right secure unreasonable searches seizures person houses papers possessions const every subject hath right secure unreasonable searches seizures person houses papers possessions new york convention ratified constitution proposed amendment given every freeman right secure unreasonable searches seizures person papers property schwartz roots bill rights reproducing new york proposed amendments emphases added declaration rights north carolina convention demanded prior ratification contained similar provision protecting freeman right unreasonable searches seizures person papers property id reproducing north carolina proposed declaration rights emphases added indication anyone believed massachusetts new hampshire new york north carolina texts using word rather narrowed protections contained pennsylvania vermont constitutions houses understood mean respective houses clear anyone knew english early american law arrest trespass underlay fourth amendment people protection unreasonable search seizure houses drawn english maxim man home castle far back semayne case leading english case proposition case cited coke discussion proposition magna carta outlawed general warrants based mere surmise coke institutes king bench proclaimed house one castle privilege shall extend protect person flies house semayne gresham eng thus cooley discussing blackstone statement bailiff break house conduct arrest every man house looked upon law castle blackstone commentaries laws england added explanation defendant dwelling law said castle house another bailiff sheriff may break enter effect purpose blackstone commentaries laws england cooley rev ed see also johnson leigh taunt eng many cases door third person may broken defendant though every man house castle castle another man course say fourth amendment protects lord manor holds estate fee simple people call house home legal title bank rent even merely occupy long actually live criterion people protection government intrusion houses established leading american case oystead shed mass held trespass sheriff break dwelling capture boarder lived reasoned inviolability described foster hale coke extends occupier family domicile ordinary residence including boarder servant made house home emphasis added added house shall made sanctuary one stranger perhaps visitor upon pursuit take refuge house another house castle officer may break open doors windows order execute process ibid emphasis original thus deciding question presented today write upon slate far clean text fourth amendment background adopted understandings consistently displayed adoption make answer clear right hold chapman fourth amendment protects apartment tenant unreasonable search dwelling even though leaseholder right hold bumper north carolina unreasonable search grandmother house violated resident grandson fourth amendment rights area searched home emphasis added went absolute limit text tradition permit minnesota olson protected mere overnight guest unreasonable search hosts apartment whereas plausible regard person overnight lodging least temporary residence entirely impossible give characterization apartment uses package cocaine respondents searched hous interpretation phrase bears remotest relationship well understood meaning fourth amendment dissent believes ur obligation produce coherent results requires ignore clear text tradition apply instead notoriously unhelpful test adopted benchmar decision years old post citing katz view thing past three decades established katz test come mean test enunciated justice harlan separate concurrence katz see unsurprisingly actual subjective expectation privacy society prepared recognize reasonable bear uncanny resemblance expectations privacy considers reasonable test employed dissent employ determine whether search seizure within meaning constitution occurred opposed whether search seizure unreasonable one plausible foundation text fourth amendment provision guarantee generalized right privacy leave determine particular manifestations value privacy society prepared recognize reasonable ibid rather enumerated persons houses papers effects objects privacy protection constitution extend leaving expansion good judgment people representatives legislature dissent may correct person invited someone else house engage common business even common speak protected government searches room business conducted persons invited deliver milk pizza dissent dismisses classroom hypotheticals post opposed presumably hypotheticals protected government searches rooms occupy sure answer policy questions sure answer remotely contained constitution means left many indeed important questions left judgment state federal legislators go beyond proper role judges democratic society restrict people power govern full range policy choices constitution left available minnesota petitioner wayne thomas carter minnesota melvin johns writ certiorari minnesota december justice kennedy concurring join opinion reasoning consistent view almost social guests legitimate expectation privacy hence protection unreasonable searches host home fourth amendment protects right people secure houses beyond dispute home entitled special protection center private lives people security home must guarded law world privacy diminished enhanced surveillance sophisticated communication systems well established however fourth amendment protection though dependent upon spatial definition essence personal right thus held rakas illinois limits may assert dissent interpret question rakas principle persons company property owner owner right assert spatial protection rakas true involved automobiles necessities law enforcement permit latitude police extended houses analysis rakas conceived however utilitarian exception accommodate needs law enforcement premise fundamental one fourth amendment rights personal person objects search place invokes exclusionary rule must requisite connection place analysis rakas must respected reference dwellings unless precedent overruled limited facts underlying principle end repudiated english authorities historical basis fourth amendment observed scholars dispute proper interpretation see payton new york semayne case eng says house every one castle fortress home privileged homeowner family proper goods eng read narrowly protections recognized semayne case might confined context civil process limited application enforcement criminal law even time semaynes case man home castle respect incursion king criminal matter dispositive question us axiom man home castle statement attributed pitt king enter force dares cross threshold see miller acquired time power independent significance justifying general assurance personal security one home assurance become part constitutional tradition settled example routine felony arrest absent exigent circumstances police must obtain warrant entering home arrest homeowner payton new york supra held steagald absent exigent circumstances consent police search subject arrest warrant home third party without first obtaining search warrant directing entry cases strengthen protect right homeowner privacy home speak however right claim privacy interest home another see id noting issue steagald homeowner right privacy home right claim sanctuary arrest home third party steagald affirmed accordance common law fourth amendment precedents recogniz rights conferred fourth amendment personal nature bestow vicarious protection reasonable expectation privacy place searched id homeowner right privacy issue case reach question whether officer unaided observations thompson apartment constituted search fact search however thompson right object unlawful police surveillance apartment right suppress evidence disclosed search similarly police entered home without search warrant arrest respondents thompson privacy interests violated presumably bring action action trespass cases establish however respondents independent privacy right violation results exclusion evidence unless establish meaningful connection thompson apartment settled rule requisite connection expectation privacy society recognizes reasonable katz harlan concurring application rule involves consideration kind place individual claims privacy interest expectations privacy traditional well recognized ibid expect social guests legitimately expect accordance social custom homeowner exercise discretion include exclude others guests benefit recognized minnesota olson social expectations exist case overnight guest sufficient create legitimate expectation privacy even absence property right exclude others respect dissent must correct reasonable expectations owner shared extent guest analysis suggests general rule social guests expectation privacy host home case us however case respondents established nothing fleeting insubstantial connection thompson home appears record respondents used thompson house simply convenient processing station purpose involving nothing mechanical act chopping packing substance distribution suggestion respondents engaged confidential communications thompson transaction respondents thompson apartment left even arrest minnesota overturned respondents convictions acknowledged respondents fairly characterized thompson guests see also app noting carter evidence package cocaine inconsistent claim predominantly social guest thompson apartment respondents visiting twenty homes minute two drop bag cocaine apprehended policeman wrongfully present nineteenth home left goods home staying police seized goods absence said rakas compels rejection privacy interest respondents might assert given respondents established meaningful tie connection owner owner home owner expectation privacy remain faithful underlying principle rakas without reversing case persuaded need depart protect homeowner privacy interests respondents made persuasive argument need fashion per se rule home protection automatic right home invoke exclusionary rule order protect homeowners guests unlawful police intrusion observations join opinion minnesota petitioner wayne thomas carter minnesota melvin johns writ certiorari minnesota december justice breyer concurring judgment agree justice ginsburg respondents claim fourth amendment protection petitioner however raises second question whether circumstances officer thielen observation made public area outside curtilage residence violated respondents fourth amendment rights see pet cert view answer question basis following factual assumptions derived evidentiary record presented evening may anonymous individual approached officer thielen telling walked nearby apartment window seen people bagging drugs apartment question garden apartment partly ground level families frequently used grassy area outside apartment window walking playing members public also used area outside apartment window store bicycles effort verify tipster information officer thielen walked position feet front window officer thielen stood minutes looking set venetian blinds saw namely people putting white powder bags verified account heard used information help obtain search warrant see app trial concluded persons within thompson kitchen expectation privacy location officer thielen made observations dist app unpublished officer thielen stood outside apartment curtilage made observations id minnesota finding officer thielen violated fourth amendment challenge trial curtilage determination indeed assumed officer thielen stood outside apartment curtilage stating plausible thielen presence outside apartment window legitimate officer thielen stood place used public one see window kitchen precautions apartment dwellers took maintain privacy failed respect ordinary passerby standing place given case law say officer engaged constitution forbids namely unreasonable search see florida riley finding observation greenhouse helicopters public airspace permissible even though owners enclosed greenhouse two sides relied bushes blocking observations remaining two sides covered roof california ciraolo finding observation backyard plane public airspace permissible despite outer fence inner fence around backyard cf katz minnesota reached different conclusion part believed officer thielen engaged unusual activity climbed bushes crouched placed face inches window part saw apartment small gap blinds drawn determine whether crouching climbing plac ing face makes constitutional difference record us contain support factual conclusions record indicates officer thielen needed climb bushes crouch see app officer thielen testimony photograph apartment building even though primary evidence consists officer thielen testimony else known given importance factual nuance area constitutional law determine constitutional significance factual assertions record denies cf walters national assn radiation survivors brennan dissenting citing brown chote neither matter turn upon gaps drawn blinds whether holes blinds simply pulled wrong way makes difference one lives basement apartment fronts publicly traveled street similar space ordinarily understands need care lest member public simply direct gaze downward putting specific facts case aside benefit officer decision confirm informant tip observing allegedly illegal activity public vantage point indeed reasons officer thielen stood public place looked apartment window already received information crime taking place apartment intended apply warrant needed verify tipster credibility might done ways say seeking general information tipster reputation obtaining warrant searching apartment chosen method observing apartment public vantage point likely saved innocent apartment dweller physically intrusive though search constitutionally permissible observation revealed illegal activity reasons agreeing justice ginsburg also concur judgment reversing minnesota minnesota petitioner wayne thomas carter minnesota melvin johns writ certiorari minnesota december justice ginsburg justice stevens justice souter join dissenting decision undermines security guests also security home resident view homeowner lessor personally invites guest home share common endeavor whether conversation engage leisure activities business purposes licit illicit guest share host shelter unreasonable searches seizures propose restoration legitimately premises criterion stated jones rejected formulation rakas illinois automatic standing rule salvucci first disposition reach case responds unique importance home essential bastion privacy recognized law see karo rivate residences places individual normally expects privacy free governmental intrusion authorized warrant cases deviated basic fourth amendment principle payton new york fourth amendment protects individual privacy variety settings none zone privacy clearly defined bounded unambiguous physical dimensions individual second even within home position adhere permit casual visitor never seen permitted visit basement another house object search basement visitor happened kitchen house time search rakas decide case homeowner chooses share privacy home company guest reach classroom hypotheticals like milkman pizza deliverer concern centers individual choice share home associations persons selects decisions indicate people reasonable expectation privacy homes part prerogative exclude others see legitimate expectation privacy turns large part ability exclude others place searched power exclude implies power include see coombs shared privacy fourth amendment rights relationships rev one reason protect legal right exclude others empower owner choose share home property intimates alschuler interpersonal privacy fourth amendment rev ne main rights attaching property right share shelter comfort privacy fourth amendment decisions reflect complementary prerogatives homedweller places privacy risk approach indicates opens home others uncertain whether duration stay purpose acceptance household earn protection ante remains textbook law earches seizures inside home without warrant presumptively unreasonable absent exigent circumstances karo law practice less secure human frailty suggests today decision tempt police pry private dwellings without warrant find evidence incriminating guests rest night see simien interrelationship scope fourth amendment standing object unreasonable searches ark rev police probable cause everything gain nothing lose search circumstances know least one potential defendants rakas tolerates temptation respect automobile searches see ashdown fourth amendment legitimate expectation privacy vand rev criticizing rakas present ing framework may nothing lose something gain illegal search car carries one occupant see also rakas white dissenting decision police little lose unreasonably searching vehicles occupied one see impelling reason extend risk home see silverman core fourth amendment stands right man retreat home free unreasonable governmental see people genuinely secure houses unreasonable searches seizures amdt invitations others increase risk unwarranted governmental peering prying dwelling places host invitation guest gains reasonable expectation privacy home minnesota olson held respect overnight guest logic decision extends shorter term guests well see lafave search seizure treatise fourth amendment ed fair say olson decision lends considerable support claim guests also visiting home friend relative business associate whatever time day serves functions recognized valuable society olson one need remain overnight anticipate privacy another home place guest possessions disturbed anyone host host allows inside sum homeowner chooses share privacy home company guest twofold requirement emerg ing prior decisions satisfied host guest exhibited actual subjective expectation privacy expectation one society prepared recognize reasonable katz harlan concurring solicitor general acknowledged illegality conduct fact partners crime alter analysis see tr oral arg olson example guest whose security decision shielded stayed overnight police searched held guest fourth amendment protection warrantless arrest host home despite guest involvement grave crimes murder armed robbery assault decisions similarly sustained fourth amendment pleas despite criminality defendants activities see payton murder armed robbery katz telephoning across state lines place illegal wagers silverman gambling offenses indeed must way illegality activity made constitutional otherwise unconstitutional search fourth amendment protection reserved innocent little force regulating police behavior toward either innocent guilty leading decision katz key view case ruled government violated petitioner fourth amendment rights electronically recorded transmitting wagering information inside public telephone booth mindful fourth amendment protects people places held electronic monitoring business call violated privacy upon caller justifiably relied using telephone booth obligation produce coherent results often visited area law requires us inform current expositions benchmarks already established justice harlan explained dissent poe ullman new claim constitutional protection must considered background constitutional purposes rationally perceived historically developed though exercise limited sharply restrained judgment yet mechanical yardstick mechanical answer decision apparently novel claim must depend grounds follow closely principles criteria new decision must take place relation went cut channel come ibid quoting irvine california frankfurter dissenting decision case veers sharply path marked katz agree reasonable expectation privacy place business call person home public telephone booth side street see katz actually enter person premises engage common endeavor reasons stated dissent judgment retain judicial surveillance warrantless searches today decision allows footnotes together minnesota johns also certiorari see rule footnotes justice ginsburg dissent render operative language minnesota olson post almost entirely superfluous explained justification extending fourth amendment protection overnight visitor staying overnight another home social custom serves functions recognized valuable society vulnerable asleep monitor safety security belongings business visit stranger entitles visitor share fourth amendment protection lease holder home explanation holding olson quite unnecessary footnotes four others contained provisions proscribing general warrants unspecific objects protection see const del art md art xxiii art xi justice kennedy seeks cast doubt upon historical evidence carefully generalized assertion scholars dispute proper interpretation english authorities post support cites passage payton new york noted deep divergence among scholars whether semayne case accurately described one aspect common law arrest unfortunately purposes relevance aspect nothing whatever whether one man house another man castle pertained whether constable authority make warrantless arrest home mere suspicion felony ibid deep divergence red herring justice kennedy also attempts distinguish semayne case ground arose context civil process may limited application enforcement criminal law post course distinction cuts precisely opposite direction one support justice kennedy case one man house another man castle purposes serving civil process fortiori purposes resisting government agents pursuit crime semayne case makes clear king rights greater said books prove process concerns king sheriff may break house imply suit party house may broken otherwise addition suit king frivolous eng see also eng every felony king interest king interest writ non omittas propter aliquam libertatem liberty privilege house doth hold king eng beats danger death flies thereupon hue cry made retreats house pursue house kept defended force may lawfully break house king suit finally justice kennedy suggests whatever fourth amendment meant time adopted matter since axiom man home castle acquired time power independent significance justifying general assurance personal security one home assurance become part constitutional tradition post issue case however personal security one home personal security someone else home justice kennedy fails identify constitutional tradition one described leaving us nothing personal assurance degree protection higher higher people chosen provide law justif ied dissent asserts undervalu katz observation fourth amendment protects people places post citing catchy slogan devastating response someone maintained location claim protection fourth amendment someone asserted perhaps primeval forests rights cf stone trees standing toward legal rights natural objects cal rev issue however less druidical one whether respondents people suffered violation right secure persons houses papers effects unreasonable searches seizures amdt fourth amendment protect places simply unresponsive question whether fourth amendment protects people people homes saying dissent claims clash leitmotif justice harlan concurring opinion katz post au contraire wagnerian im gegenteil regard entirely harmony opinion dissent sings another opera see harlan concurring opinion fourth amendment protects people places question however protection affords people generally answer question requires reference place footnotes oral argument counsel petitioner informed lessee apartment charged tried convicted crimes respondents tr oral arg concurring opinion justice kennedy maintains respondents lacked expectation privacy society recognizes reasonable ante established nothing fleeting insubstantial connection host home ante minnesota reported however stipulated facts showed respondents inside apartment host permission remained inside least hours time engaged concert host collaborative venture see stipulated facts scarcely resemble stop minute two homes drop packet see ante securely demonstrate host intended share privacy respondents respondents therefore entered homeland fourth amendment protection agree minnesota rule settled since katz reasonableness expectation privacy controls visitor status social guest invitee licensee business partner think noteworthy five members place fourth amendment shield least almost social guests ante kennedy concurring justice scalia lively concurring opinion deplores adherence katz suggesting elevated justice harlan concurring opinion katz first place see ante justice scalia undervalues clear opinion fourth amendment protects people places core understanding leitmotif justice harlan concurring opinion one avoid strong sense déjà vu reading justice scalia elaboration vividly recalls opinion justice black dissent katz see black dissenting realize argument based meaning words lacks scope doubt appeal broad policy discussions philosophical discourses language amendment crucial place look arbitrarily substituting language constitution language made fourth amendment vehicle holding laws violative constitution offend broadest concept privacy ibid distort words amendment order keep constitution date bring harmony times justice scalia relies deems clear text ante argue fourth amendment protects people searches places live ante justice stewart emphasized majority opinion katz stare decisis reason require us follow fourth amendment protects people places