text:
Opinion

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

_________________

No. 10–1259

_________________

UNITED STATES, PETITIONER v. ANTOINE JONES

on writ of certiorari to the united states court of appeals for the district of columbia circuit

[January 23, 2012]
Justice Scalia delivered the opinion of the Court.

We decide whether the attachment of a Global-Positioning-System (GPS) tracking device to an individual’s vehicle, and subsequent use of that device to monitor the vehicle’s movements on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment.

I

In 2004 respondent Antoine Jones, owner and operator of a nightclub in the District of Columbia, came under suspicion of trafficking in narcotics and was made the target of an investigation by a joint FBI and Metropolitan Police Department task force. Officers employed various investigative techniques, including visual surveillance of the nightclub, installation of a camera focused on the front door of the club, and a pen register and wiretap covering Jones’s cellular phone.

Based in part on information gathered from these sources, in 2005 the Government applied to the United States District Court for the District of Columbia for a warrant authorizing the use of an electronic tracking device on the Jeep Grand Cherokee registered to Jones’s wife. A warrant issued, authorizing installation of the de-vice in the District of Columbia and within 10 days.

On the 11th day, and not in the District of Columbia but in Maryland, 1 agents installed a GPS tracking device on the undercarriage of the Jeep while it was parked in a public parking lot. Over the next 28 days, the Government used the device to track the vehicle’s movements, and once had to replace the device’s battery when the vehicle was parked in a different public lot in Maryland. By means of signals from multiple satellites, the device established the vehicle’s location within 50 to 100 feet, and communicated that location by cellular phone to a Government computer. It relayed more than 2,000 pages of data over the 4-week period.

The Government ultimately obtained a multiple-count indictment charging Jones and several alleged co-conspirators with, as relevant here, conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base, in violation of 21 U. S. C. §§841 and 846. Before trial, Jones filed a motion to suppress evidence obtained through the GPS device. The District Court granted the motion only in part, suppressing the data obtained while the vehicle was parked in the garage adjoining Jones’s residence. 451 F. Supp. 2d 71, 88 (2006). It held the remaining data admissible, because “ ‘[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.’ ” Ibid. (quoting United States v. Knotts, 460 U. S. 276, 281 (1983) ). Jones’s trial in October 2006 produced a hung jury on the conspiracy count.

In March 2007, a grand jury returned another indictment, charging Jones and others with the same conspir-acy. The Government introduced at trial the same GPS-derived locational data admitted in the first trial, which connected Jones to the alleged conspirators’ stash house that contained $850,000 in cash, 97 kilograms of cocaine, and 1 kilogram of cocaine base. The jury returned a guilty verdict, and the District Court sentenced Jones to life imprisonment.

The United States Court of Appeals for the District of Columbia Circuit reversed the conviction because of admission of the evidence obtained by warrantless use ofthe GPS device which, it said, violated the Fourth Amend-ment. United States v. Maynard, 615 F. 3d 544 (2010). The D. C. Circuit denied the Government’s petition for rehearing en banc, with four judges dissenting. 625 F. 3d 766 (2010). We granted certiorari, 564 U. S. ___ (2011).

II

A

The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” It is beyond dispute that a vehicle is an “effect” as that term is used in the Amendment. United States v. Chadwick, 433 U. S. 1, 12 (1977) . We hold that the Government’s installation of a GPS device on a target’s vehicle, 2 and its use of that device to monitor the vehicle’s movements, constitutes a “search.”

It is important to be clear about what occurred in this case: The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a “search” within the meaning of the Fourth Amendment when it was adopted. Entick v. Carrington, 95 Eng. Rep. 807 (C. P. 1765), is a “case we have described as a ‘monument of English freedom’ ‘undoubtedly familiar’ to ‘every American statesman’ at the time the Constitution was adopted, and considered to be ‘the true and ultimate expression of constitutional law’ ” with regard to search and seizure. Brower v. County of Inyo, 489 U. S. 593, 596 (1989) (quoting Boyd v. United States, 116 U. S. 616, 626 (1886) ). In that case, Lord Camden expressed in plain terms the significance of property rights in search-and-seizure analysis:

“[O]ur law holds the property of every man so sacred, that no man can set his foot upon his neighbour’s close without his leave; if he does he is a trespasser, though he does no damage at all; if he will tread upon his neighbour’s ground, he must justify it by law.” Entick, supra, at 817.

The text of the Fourth Amendment reflects its close connection to property, since otherwise it would have referred simply to “the right of the people to be secure against unreasonable searches and seizures”; the phrase “in their persons, houses, papers, and effects” would have been superfluous.

Consistent with this understanding, our Fourth Amendment jurisprudence was tied to common-law trespass, at least until the latter half of the 20th century. Kyllo v. United States, 533 U. S. 27, 31 (2001) ; Kerr, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. L. Rev. 801, 816 (2004). Thus, in Olmstead v. United States, 277 U. S. 438 (1928), we held that wiretaps attached to telephone wires on the public streets did not constitute a Fourth Amendment search because “[t]here was no entry of the houses or offices of the defendants,” id., at 464.

Our later cases, of course, have deviated from that exclusively property-based approach. In Katz v. United States, 389 U. S. 347, 351 (1967) , we said that “the Fourth Amendment protects people, not places,” and found a violation in attachment of an eavesdropping device to a public telephone booth. Our later cases have applied the analysis of Justice Harlan’s concurrence in that case, which said that a violation occurs when government officers violate a person’s “reasonable expectation of privacy,” id., at 360. See, e.g., Bond v. United States, 529 U. S. 334 (2000) ; California v. Ciraolo, 476 U. S. 207 (1986) ; Smith v. Maryland, 442 U. S. 735 (1979) .

The Government contends that the Harlan standard shows that no search occurred here, since Jones had no “reasonable expectation of privacy” in the area of the Jeep accessed by Government agents (its underbody) and in the locations of the Jeep on the public roads, which were visible to all. But we need not address the Government’s contentions, because Jones’s Fourth Amendment rightsdo not rise or fall with the Katz formulation. At bottom, we must “assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” Kyllo, supra, at 34. As explained, for most of our history the Fourth Amendment was understood to embody a particular concern for government trespass upon the areas (“persons, houses, papers, and effects”) it enumerates. 3 Katz did not repudiate that understanding. Less than two years later the Court upheld defendants’ contention that the Government could not introduce against them conversations between other people obtained by warrantless placement of electronic surveillance devices in their homes. The opinion rejected the dissent’s contention that there was no Fourth Amendment violation “unless the conversational privacy of the homeowner himself is invaded.” 4 Alderman v. United States, 394 U. S. 165, 176 (1969) . “[W]e [do not] believe that Katz, by holding that the Fourth Amendment protects persons and their private conversations, was intendedto withdraw any of the protection which the Amendment extends to the home . . . .” Id., at 180.

More recently, in Soldal v. Cook County, 506 U. S. 56 (1992) , the Court unanimously rejected the argument that although a “seizure” had occurred “in a ‘technical’ sense” when a trailer home was forcibly removed, id., at 62, no Fourth Amendment violation occurred because law enforcement had not “invade[d] the [individuals’] privacy,” id., at 60. Katz, the Court explained, established that “property rights are not the sole measure of Fourth Amendment violations,” but did not “snuf[f] out the previously recognized protection for property.” 506 U. S., at 64. As Justice Brennan explained in his concurrence in Knotts, Katz did not erode the principle “that, when the Government does engage in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment.” 460 U. S., at 286 (opinion concurring in judgment). We have embodied that preservation of past rights in our very definition of “reasonable expectationof privacy” which we have said to be an expectation “that has a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law orto understandings that are recognized and permitted by society.” Minnesota v. Carter, 525 U. S. 83, 88 (1998) (internal quotation marks omitted). Katz did not narrow the Fourth Amendment’s scope. 5

The Government contends that several of our post-Katz cases foreclose the conclusion that what occurred here constituted a search. It relies principally on two cases in which we rejected Fourth Amendment challenges to “beepers,” electronic tracking devices that represent another form of electronic monitoring. The first case, Knotts, upheld against Fourth Amendment challenge the use of a “beeper” that had been placed in a container of chloroform, allowing law enforcement to monitor the location of the container. 460 U. S., at 278. We said that there had been no infringement of Knotts’ reasonable expectation of privacy since the information obtained—the location of the automobile carrying the container on public roads, andthe location of the off-loaded container in open fields near Knotts’ cabin—had been voluntarily conveyed to the public. 6 Id., at 281–282. But as we have discussed, the Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test. The holding in Knotts addressed only the former, since the latter was not at issue. The beeper had been placed inthe container before it came into Knotts’ possession, with the consent of the then-owner. 460 U. S., at 278. Knotts did not challenge that installation, and we specifically de-clined to consider its effect on the Fourth Amendment analysis. Id., at 279, n. Knotts would be relevant, perhaps, if the Government were making the argument that what would otherwise be an unconstitutional search isnot such where it produces only public information. The Government does not make that argument, and we know of no case that would support it.

The second “beeper” case, United States v. Karo, 468 U. S. 705 (1984) , does not suggest a different conclusion. There we addressed the question left open by Knotts, whether the installation of a beeper in a container amounted to a search or seizure. 468 U. S., at 713. As in Knotts, at the time the beeper was installed the container belonged to a third party, and it did not come into possession of the defendant until later. 468 U. S., at 708. Thus, the specific question we considered was whether the installation “with the consent of the original owner constitute[d] a search or seizure . . . when the container is delivered to a buyer having no knowledge of the presence of the beeper.” Id., at 707 (emphasis added). We held not. The Government, we said, came into physical contact withthe container only before it belonged to the defendant Karo; and the transfer of the container with the unmonitored beeper inside did not convey any information and thus did not invade Karo’s privacy. See id., at 712. That conclusion is perfectly consistent with the one we reach here. Karo accepted the container as it came to him, beeper and all, and was therefore not entitled to object to the beeper’s presence, even though it was used to monitor the container’s location. Cf. On Lee v. United States, 343 U. S. 747–752 (1952) (no search or seizure where an informant, who was wearing a concealed microphone, was invited into the defendant’s business). Jones, who possessed the Jeep at the time the Government trespassorily inserted the information-gathering device, is on much different footing.

The Government also points to our exposition in New York v. Class, 475 U. S. 106 (1986), that “[t]he exterior ofa car . . . is thrust into the public eye, and thus to examine it does not constitute a ‘search.’ ” Id., at 114. That statement is of marginal relevance here since, as the Government acknowledges, “the officers in this case did more than conduct a visual inspection of respondent’s vehicle,” Brief for United States 41 (emphasis added). By attaching the device to the Jeep, officers encroached on a protected area. In Class itself we suggested that this would make a difference, for we concluded that an officer’s momentary reaching into the interior of a vehicle did constitute a search. 7 475 U. S., at 114–115.

Finally, the Government’s position gains little support from our conclusion in Oliver v. United States, 466 U. S. 170 (1984) , that officers’ information-gathering intrusion on an “open field” did not constitute a Fourth Amendment search even though it was a trespass at common law, id., at 183. Quite simply, an open field, unlike the curtilage of a home, see United States v. Dunn, 480 U. S. 294, 300 (1987) , is not one of those protected areas enumerated in the Fourth Amendment. Oliver, supra, at 176–177. See also Hester v. United States, 265 U. S. 57, 59 (1924) . The Government’s physical intrusion on such an area—unlike its intrusion on the “effect” at issue here—is of no Fourth Amendment significance. 8

B

The concurrence begins by accusing us of applying “18th-century tort law.” Post, at 1. That is a distortion. What we apply is an 18th-century guarantee against un-reasonable searches, which we believe must provide at a minimum the degree of protection it afforded when it was adopted. The concurrence does not share that belief. It would apply exclusively Katz’s reasonable-expectation-of-privacy test, even when that eliminates rights that previously existed.

The concurrence faults our approach for “present[ing] particularly vexing problems” in cases that do not involve physical contact, such as those that involve the transmission of electronic signals. Post, at 9. We entirely fail to understand that point. For unlike the concurrence, which would make Katz the exclusive test, we do not make trespass the exclusive test. Situations involving merely the transmission of electronic signals without trespass would remain subject to Katz analysis.

In fact, it is the concurrence’s insistence on the exclusivity of the Katz test that needlessly leads us into “particularly vexing problems” in the present case. This Court has to date not deviated from the understanding that mere visual observation does not constitute a search. See Kyllo, 533 U. S., at 31–32. We accordingly held in Knotts that “[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.” 460 U. S., at 281. Thus, even assuming that the concurrence is correct tosay that “[t]raditional surveillance” of Jones for a 4-week period “would have required a large team of agents, multiple vehicles, and perhaps aerial assistance,” post, at 12, our cases suggest that such visual observation is constitutionally permissible. It may be that achieving the same result through electronic means, without an accompany-ing trespass, is an unconstitutional invasion of privacy, but the present case does not require us to answer that question.

And answering it affirmatively leads us needlessly into additional thorny problems. The concurrence posits that “relatively short-term monitoring of a person’s movements on public streets” is okay, but that “the use of longer term GPS monitoring in investigations of most offenses” is no good. Post, at 13 (emphasis added). That introduces yet another novelty into our jurisprudence. There is no precedent for the proposition that whether a search has occurred depends on the nature of the crime being investigated. And even accepting that novelty, it remains unexplained why a 4-week investigation is “surely” too long and why a drug-trafficking conspiracy involving sub-stantial amounts of cash and narcotics is not an “extra-ordinary offens[e]” which may permit longer observation. See post, at 13–14. What of a 2-day monitoring of asuspected purveyor of stolen electronics? Or of a 6-month monitoring of a suspected terrorist? We may have to grapple with these “vexing problems” in some future case where a classic trespassory search is not involved and resort must be had to Katz analysis; but there is no reason for rushing forward to resolve them here.

III

The Government argues in the alternative that even if the attachment and use of the device was a search, it was reasonable—and thus lawful—under the Fourth Amendment because “officers had reasonable suspicion, and in-deed probable cause, to believe that [Jones] was a leader in a large-scale cocaine distribution conspiracy.” Brief for United States 50–51. We have no occasion to consider this argument. The Government did not raise it below, and the D. C. Circuit therefore did not address it. See 625 F. 3d, at 767 (Ginsburg, Tatel, and Griffith, JJ., concurring in denial of rehearing en banc). We consider the argument forfeited. See Sprietsma v. Mercury Marine, 537 U. S. 51, n. 4 (2002).

*  *  *

The judgment of the Court of Appeals for the D. C. Circuit is affirmed.

It is so ordered.

Notes
1 In this litigation, the Government has conceded noncompliance with the warrant and has argued only that a warrant was not required. United States v. Maynard, 615 F. 3d 544, 566, n. (CADC 2010).

2 As we have noted, the Jeep was registered to Jones’s wife. The Government acknowledged, however, that Jones was “the exclusive driver.” Id., at 555, n. (internal quotation marks omitted). If Jones was not the owner he had at least the property rights of a bailee. The Court of Appeals concluded that the vehicle’s registration did not affect his ability to make a Fourth Amendment objection, ibid., and the Government has not challenged that determination here. We therefore do not consider the Fourth Amendment significance of Jones’s status.

3 Justice Alito’s concurrence (hereinafter concurrence) doubts the wisdom of our approach because “it is almost impossible to think of late-18th-century situations that are analogous to what took place in this case.” Post, at 3 (opinion concurring in judgment). But in fact it posits a situation that is not far afield—a constable’s concealing himself in the target’s coach in order to track its movements. Ibid. There is no doubt that the information gained by that trespassory activity would be the product of an unlawful search—whether that information consisted of the conversations occurring in the coach, or of the destinations to which the coach traveled. In any case, it is quite irrelevant whether there was an 18th-century analog. Whatever new methods of investigation may be devised, our task, at a minimum, is to decide whether the action in question would have constituted a “search” within the original meaning of the Fourth Amendment. Where, as here, the Government obtains information by physically intruding on a constitutionally protected area, such a search has undoubtedly occurred.

4 Thus, the concurrence’s attempt to recast Alderman as meaning that individuals have a “legitimate expectation of privacy in all conversations that [take] place under their roof,” post, at 6–7, is foreclosed by the Court’s opinion. The Court took as a given that the homeowner’s “conversational privacy” had not been violated.

5 The concurrence notes that post-Katz we have explained that “ ‘an actual trespass is neither necessary nor sufficient to establish a constitutional violation.’ ” Post, at 6 (quoting United States v. Karo, 468 U. S. 705, 713 (1984) ). That is undoubtedly true, and undoubtedly irrelevant. Karo was considering whether a seizure occurred, and as the concurrence explains, a seizure of property occurs, not when there is a trespass, but “when there is some meaningful interference with an individual’s possessory interests in that property.” Post, at 2 (internal quotation marks omitted). Likewise with a search. Trespass alone does not qualify, but there must be conjoined with that what was present here: an attempt to find something or to obtain information. Related to this, and similarly irrelevant, is the concurrence’s point that, if analyzed separately, neither the installation of the device nor its use would constitute a Fourth Amendment search. See ibid. Of course not. A trespass on “houses” or “effects,” or a Katz invasion of privacy, is not alone a search unless it is done to obtain information; and the obtaining of information is not alone a search unless it is achieved by such a trespass or invasion of privacy.

6 Knotts noted the “limited use which the government made of the signals from this particular beeper,” 460 U. S., at 284; and reserved the question whether “different constitutional principles may be applicable” to “dragnet-type law enforcement practices” of the type that GPS tracking made possible here, ibid.

7 The Government also points to Cardwell v. Lewis, 417 U. S. 583 (1974) , in which the Court rejected the claim that the inspection of an impounded vehicle’s tire tread and the collection of paint scrapings from its exterior violated the Fourth Amendment. Whether the plural-ity said so because no search occurred or because the search was rea-sonable is unclear. Compare id., at 591 (opinion of Blackmun, J.) (“[W]e fail to comprehend what expectation of privacy was infringed”), with id., at 592 (“Under circumstances such as these, where probable cause exists, a warrantless examination of the exterior of a car is not unreasonable . . . ”).

8 Thus, our theory is not that the Fourth Amendment is concerned with “any technical trespass that led to the gathering of evidence.” Post, at 3 (Alito, J., concurring in judgment) (emphasis added). The Fourth Amendment protects against trespassory searches only with regard to those items (“persons, houses, papers, and effects”) that it enumerates. The trespass that occurred in Oliver may properly be understood as a “search,” but not one “in the constitutional sense.” 466 U. S., at 170, 183.
TOP
Concurrence

SUPREME COURT OF THE UNITED STATES

_________________

No. 10–1259

_________________

UNITED STATES, PETITIONER v. ANTOINE JONES

on writ of certiorari to the united states court of appeals for the district of columbia circuit

[January 23, 2012]
Justice Sotomayor, concurring.

I join the Court’s opinion because I agree that a search within the meaning of the Fourth Amendment occurs, at a minimum, “[w]here, as here, the Government obtains information by physically intruding on a constitutionally protected area.” Ante, at 6, n. 3. In this case, the Government installed a Global Positioning System (GPS) tracking device on respondent Antoine Jones’ Jeep without a valid warrant and without Jones’ consent, then used that device to monitor the Jeep’s movements over the course of four weeks. The Government usurped Jones’ property for the purpose of conducting surveillance on him, thereby invading privacy interests long afforded, and undoubtedly entitled to, Fourth Amendment protection. See, e.g., Silverman v. United States, 365 U. S. 505–512 (1961).

Of course, the Fourth Amendment is not concerned only with trespassory intrusions on property. See, e.g., Kyllo v. United States, 533 U. S. 27–33 (2001). Rather, even in the absence of a trespass, “a Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable.” Id., at 33; see also Smith v. Maryland, 442 U. S. 735–741 (1979); Katz v. United States, 389 U. S. 347, 361 (1967) (Harlan, J., concurring). In Katz, this Court enlarged its then-prevailing focus on property rights by announcing that the reach of the Fourth Amendment does not “turn upon the presence or absence of a physical intrusion.” Id., at 353. As the majority’s opinion makes clear, however, Katz’s reasonable-expectation-of-privacy test augmented, but did not displace or diminish, the common-law trespassory test that preceded it. Ante, at 8. Thus, “when the Government does engage in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment.” United States v. Knotts, 460 U. S. 276, 286 (1983) (Brennan, J., concurring in judgment); see also, e.g., Rakas v. Illinois, 439 U. S. 128, n. 12 (1978). Justice Alito’s approach, which discounts altogether the constitutional relevance of the Government’s physical intrusion on Jones’ Jeep, erodes that longstanding protection for privacy expectations inherent in items of property that people possess or control. See post, at 5–7 (opinion concurring in judgment). By contrast, the trespassory test applied in the majority’s opinion reflects an irreducible constitutional minimum: When the Government physically invades personal property to gather information, a search occurs. The reaffirmation of that principle suffices to decide this case.

Nonetheless, as Justice Alito notes, physical intrusion is now unnecessary to many forms of surveillance. Post, at 9–12. With increasing regularity, the Government will be capable of duplicating the monitoring undertaken in this case by enlisting factory- or owner-installed vehicle tracking devices or GPS-enabled smartphones. See United States v. Pineda-Moreno, 617 F. 3d 1120, 1125 (CA9 2010) (Kozinski, C. J., dissenting from denial of rehearing en banc). In cases of electronic or other novel modes of surveillance that do not depend upon a physical invasionon property, the majority opinion’s trespassory test may provide little guidance. But “[s]ituations involving merely the transmission of electronic signals without trespass would remain subject to Katz analysis.” Ante, at 11. As Justice Alito incisively observes, the same technological advances that have made possible nontrespassory surveillance techniques will also affect the Katz test by shaping the evolution of societal privacy expectations. Post, at10–11. Under that rubric, I agree with Justice Alito that, at the very least, “longer term GPS monitoring in inves-tigations of most offenses impinges on expectations of privacy.” Post, at 13.

In cases involving even short-term monitoring, some unique attributes of GPS surveillance relevant to the Katz analysis will require particular attention. GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, 441–442, 909 N. E. 2d 1195, 1199 (2009) (“Disclosed in [GPS] data . . . will be trips the indisputably private nature of which takes little imagination to conjure: tripsto the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar andon and on”). The Government can store such recordsand efficiently mine them for information years into the future. Pineda-Moreno, 617 F. 3d, at 1124 (opinion of Kozinski, C. J.). And because GPS monitoring is cheapin comparison to conventional surveillance techniques and,by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: “limited police resources and community hostility.” Illinois v. Lidster, 540 U. S. 419, 426 (2004) .

Awareness that the Government may be watching chills associational and expressive freedoms. And the Government’s unrestrained power to assemble data that reveal private aspects of identity is susceptible to abuse. The net result is that GPS monitoring—by making available at a relatively low cost such a substantial quantum of intimate information about any person whom the Government, in its unfettered discretion, chooses to track—may “alter the relationship between citizen and government in a way that is inimical to democratic society.” United States v. Cuevas-Perez, 640 F. 3d 272, 285 (CA7 2011) (Flaum, J., concurring).

I would take these attributes of GPS monitoring into account when considering the existence of a reasonable societal expectation of privacy in the sum of one’s public movements. I would ask whether people reasonably expect that their movements will be recorded and aggregated in a manner that enables the Government to ascertain, more or less at will, their political and religious beliefs, sexual habits, and so on. I do not regard as dispositivethe fact that the Government might obtain the fruits of GPS monitoring through lawful conventional surveillance techniques. See Kyllo, 533 U. S., at 35, n. 2; ante, at 11 (leaving open the possibility that duplicating traditional surveillance “through electronic means, without an accompanying trespass, is an unconstitutional invasion of privacy”). I would also consider the appropriateness of entrusting to the Executive, in the absence of any oversight from a coordinate branch, a tool so amenable to misuse, especially in light of the Fourth Amendment’s goal to curb arbitrary exercises of police power to and prevent “a too permeating police surveillance,” United States v.Di Re, 332 U. S. 581, 595 (1948) . 1 *

More fundamentally, it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. E.g., Smith, 442 U. S., at 742; United States v. Miller, 425 U. S. 435, 443 (1976) . This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. People disclose the phone numbers that they dial or text to their cellu-lar providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries, and medi-cations they purchase to online retailers. Perhaps, as Justice Alito notes, some people may find the “tradeoff ” of privacy for convenience “worthwhile,” or come to accept this “diminution of privacy” as “inevitable,” post, at 10, and perhaps not. I for one doubt that people would accept without complaint the warrantless disclosure to the Government of a list of every Web site they had visited in the last week, or month, or year. But whatever the societal expectations, they can attain constitutionally protected status only if our Fourth Amendment jurisprudence ceases to treat secrecy as a prerequisite for privacy. I would not assume that all information voluntarily disclosed to some member of the public for a limited purpose is, for that reason alone, disentitled to Fourth Amendment protection. See Smith, 442 U. S., at 749 (Marshall, J., dissenting) (“Privacy is not a discrete commodity, possessed absolutely or not at all. Those who disclose certain facts to a bank or phone company for a limited business purpose need not assume that this information will be released to other persons for other purposes”); see also Katz, 389 U. S., at 351–352 (“[W]hat [a person] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected”).

Resolution of these difficult questions in this case is unnecessary, however, because the Government’s physical intrusion on Jones’ Jeep supplies a narrower basis for decision. I therefore join the majority’s opinion.

Notes
1* United States v. Knotts, 460 U. S. 276 (1983) , does not foreclose the conclusion that GPS monitoring, in the absence of a physical intrusion, is a Fourth Amendment search. As the majority’s opinion notes, Knotts reserved the question whether “ ‘different constitutional principlesmay be applicable’ ” to invasive law enforcement practices such as GPS tracking. See ante, at 8, n. 6 (quoting 460 U. S., at 284).United States v. Karo, 468 U. S. 705 (1984) , addressed the Fourth Amendment implications of the installation of a beeper in a container with the consent of the container’s original owner, who was awarethat the beeper would be used for surveillance purposes. Id., at 707. Owners of GPS-equipped cars and smartphones do not contemplate that these devices will be used to enable covert surveillance of their movements. To the contrary, subscribers of one such service greeteda similar suggestion with anger. Quain, Changes to OnStar’s Privacy Terms Rile Some Users, N. Y. Times (Sept. 22, 2011), online at http://wheels.blogs.nytimes.com/2011/09/22/changes-to-onstars-privacy-terms-rile-some-users (as visited Jan. 19, 2012, and available in Clerk of Court’s case file). In addition, the bugged container in Karo lacked the close relationship with the target that a car shares with its owner. The bugged container in Karo was stationary for much of the Government’s surveillance. See 468 U. S., at 708–710. A car’s movements, by contrast, are its owner’s movements.

TOP
Concurrence

SUPREME COURT OF THE UNITED STATES

_________________

No. 10–1259

_________________

UNITED STATES, PETITIONER v. ANTOINE JONES

on writ of certiorari to the united states court of appeals for the district of columbia circuit

[January 23, 2012]
Justice Alito, with whom Justice Ginsburg, Justice Breyer, and Justice Kagan join, concurring in the judgment.

This case requires us to apply the Fourth Amendment’s prohibition of unreasonable searches and seizures to a 21st-century surveillance technique, the use of a Global Po-sitioning System (GPS) device to monitor a vehicle’s move-ments for an extended period of time. Ironically, the Court has chosen to decide this case based on 18th-century tort law. By attaching a small GPS device 1 to the underside of the vehicle that respondent drove, the law enforcement officers in this case engaged in conduct that might have provided grounds in 1791 for a suit for trespass to chattels. 2 And for this reason, the Court concludes, the installation and use of the GPS device constituted a search. Ante, at 3–4.

This holding, in my judgment, is unwise. It strains the language of the Fourth Amendment; it has little if any support in current Fourth Amendment case law; and it is highly artificial.

I would analyze the question presented in this case by asking whether respondent’s reasonable expectations of privacy were violated by the long-term monitoring of the movements of the vehicle he drove.

I

A

The Fourth Amendment prohibits “unreasonable searches and seizures,” and the Court makes very little effort to explain how the attachment or use of the GPS device fits within these terms. The Court does not contend that there was a seizure. A seizure of property occurs when there is “some meaningful interference with an in-dividual’s possessory interests in that property,” United States v. Jacobsen, 466 U. S. 109, 113 (1984) , and here there was none. Indeed, the success of the surveillance technique that the officers employed was dependent on the fact that the GPS did not interfere in any way with the operation of the vehicle, for if any such interference had been detected, the device might have been discovered.

The Court does claim that the installation and use of the GPS constituted a search, see ante, at 3–4, but this con-clusion is dependent on the questionable proposition that these two procedures cannot be separated for purposes of Fourth Amendment analysis. If these two procedures are analyzed separately, it is not at all clear from the Court’s opinion why either should be regarded as a search. It is clear that the attachment of the GPS device was not itself a search; if the device had not functioned or if the officers had not used it, no information would have been obtained. And the Court does not contend that the use of the device constituted a search either. On the contrary, the Court accepts the holding in United States v. Knotts, 460 U. S. 276 (1983) , that the use of a surreptitiously planted electronic device to monitor a vehicle’s movements on public roads did not amount to a search. See ante, at 7.

The Court argues—and I agree—that “we must ‘assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.’ ” Ante, at 5 (quoting Kyllo v. United States, 533 U. S. 27, 34 (2001)). But it is almost impossible to think of late- 18th-century situations that are analogous to what took place in this case. (Is it possible to imagine a case in which a constable secreted himself somewhere in a coach and remained there for a period of time in order to monitor the movements of the coach’s owner? 3 ) The Court’s theory seems to be that the concept of a search, as originally un-derstood, comprehended any technical trespass that led to the gathering of evidence, but we know that this is in-correct. At common law, any unauthorized intrusion on private property was actionable, see Prosser & Keeton 75, but a trespass on open fields, as opposed to the “curtilage” of a home, does not fall within the scope of the Fourth Amendment because private property outside the curtilage is not part of a “hous[e]” within the meaning of the Fourth Amendment. See Oliver v. United States, 466 U. S. 170 (1984) ; Hester v. United States, 265 U. S. 57 (1924) .

B

The Court’s reasoning in this case is very similar to that in the Court’s early decisions involving wiretapping and electronic eavesdropping, namely, that a technical trespass followed by the gathering of evidence constitutes a search. In the early electronic surveillance cases, the Court concluded that a Fourth Amendment search occurred when private conversations were monitored as a result of an “unauthorized physical penetration into the premises occupied” by the defendant. Silverman v. United States, 365 U. S. 505, 509 (1961) . In Silverman, police officers listened to conversations in an attached home by inserting a “spike mike” through the wall that this house shared with the vacant house next door. Id., at 506. This procedure was held to be a search because the mike made contact with a heating duct on the other side of the wall and thus “usurp[ed] . . . an integral part of the premises.” Id., at 511.

By contrast, in cases in which there was no trespass, it was held that there was no search. Thus, in Olmstead v. United States, 277 U. S. 438 (1928) , the Court found that the Fourth Amendment did not apply because “[t]he taps from house lines were made in the streets near the houses.” Id., at 457. Similarly, the Court concluded that no search occurred in Goldman v. United States, 316 U. S. 129, 135 (1942) , where a “detectaphone” was placed on the outer wall of defendant’s office for the purpose of overhearing conversations held within the room.

This trespass-based rule was repeatedly criticized. In Olmstead, Justice Brandeis wrote that it was “immaterial where the physical connection with the telephone wires was made.” 277 U. S., at 479 (dissenting opinion). Al-though a private conversation transmitted by wire did not fall within the literal words of the Fourth Amendment, he argued, the Amendment should be understood as prohibiting “every unjustifiable intrusion by the government upon the privacy of the individual.” Id., at 478. See also, e.g., Silverman, supra, at 513 (Douglas, J., concurring) (“The concept of ‘an unauthorized physical penetration into the premises,’ on which the present decision rests seems to me beside the point. Was not the wrong . . . done when the intimacies of the home were tapped, recorded, or revealed? The depth of the penetration of the electronic device—even the degree of its remoteness from the inside of the house—is not the measure of the injury”); Goldman, supra, at 139 (Murphy, J., dissenting) (“[T]he search of one’s home or office no longer requires physical entry, for science has brought forth far more effective devices for the invasion of a person’s privacy than the direct and obvious methods of oppression which were detested by our forebears and which inspired the Fourth Amendment”).

Katz v. United States, 389 U. S. 347 (1967) , finally did away with the old approach, holding that a trespass was not required for a Fourth Amendment violation. Katz in-volved the use of a listening device that was attached to the outside of a public telephone booth and that allowed police officers to eavesdrop on one end of the target’s phone conversation. This procedure did not physically intrude on the area occupied by the target, but the Katz Court, “repudiate[ed]” the old doctrine, Rakas v. Illinois, 439 U. S. 128, 143 (1978) , and held that “[t]he fact that the electronic device employed . . . did not happen to penetrate the wall of the booth can have no constitutional significance,” 389 U. S., at 353 (“[T]he reach of th[e] [Fourth] Amendment cannot turn upon the presence or absence of a physical intrusion into any given enclosure”); see Rakas, supra, at 143 (describing Katz as holding that the “ca-pacity to claim the protection for the Fourth Amendment depends not upon a property right in the invaded place but upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place”); Kyllo, supra, at 32 (“We have since decoupled violation of a person’s Fourth Amendment rights from trespassory violation of his property”). What mattered, the Court now held, was whether the conduct at issue “violated the privacy upon which [the defendant] justifiably relied while using the telephone booth.” Katz, supra, at 353.

Under this approach, as the Court later put it when addressing the relevance of a technical trespass, “an actual trespass is neither necessary nor sufficient to establish a constitutional violation.” United States v. Karo, 468 U. S. 705, 713 (1984) (emphasis added). Ibid. (“Compar[ing] Katz v. United States, 389 U. S. 347 (1967) (no trespass, but Fourth Amendment violation), with Oliver v. United States, 466 U. S. 170 (1984) (trespass, but no Fourth Amendment violation)”). In Oliver, the Court wrote:

“The existence of a property right is but one element in determining whether expectations of privacy are legitimate. ‘The premise that property interests control the right of the Government to search and seize has been discredited.’ Katz, 389 U. S., at 353, (quoting Warden v. Hayden, 387 U. S. 294, 304 (1967) ; some internal quotation marks omitted).” 466 U. S., at 183.

II

The majority suggests that two post-Katz decisions—Soldal v. Cook County, 506 U. S. 56 (1992) , and Alderman v. United States, 394 U. S. 165 (1969) —show that a technical trespass is sufficient to establish the existence of a search, but they provide little support.

In Soldal, the Court held that towing away a trailer home without the owner’s consent constituted a seizure even if this did not invade the occupants’ personal privacy. But in the present case, the Court does not find that there was a seizure, and it is clear that none occurred.

In Alderman, the Court held that the Fourth Amendment rights of homeowners were implicated by the use of a surreptitiously planted listening device to monitor third-party conversations that occurred within their home. See 394 U. S., at 176–180. Alderman is best understood to mean that the homeowners had a legitimate expectation of privacy in all conversations that took place under their roof. See Rakas, 439 U. S., at 144, n. 12 (citing Alderman for the proposition that “the Court has not altogether abandoned use of property concepts in determining the presence or absence of the privacy interests protected by that Amendment”); 439 U. S., at 153 (Powell, J., concurring) (citing Alderman for the proposition that “property rights reflect society’s explicit recognition of a person’s au-thority to act as he wishes in certain areas, and there-fore should be considered in determining whether an individual’s expectations of privacy are reasonable); Karo, supra, at 732 (Stevens, J., concurring in part and dissenting in part) (citing Alderman in support of the proposition that “a homeowner has a reasonable expectation of privacy in the contents of his home, including items owned by others”).

In sum, the majority is hard pressed to find support in post-Katz cases for its trespass-based theory.

III

Disharmony with a substantial body of existing case law is only one of the problems with the Court’s approach in this case.

I will briefly note four others. First, the Court’s reasoning largely disregards what is really important (the use of a GPS for the purpose of long-term tracking) and instead attaches great significance to something that most would view as relatively minor (attaching to the bottom of a car a small, light object that does not interfere in any way with the car’s operation). Attaching such an object is generally regarded as so trivial that it does not provide a basis for recovery under modern tort law. See Prosser & Keeton §14, at 87 (harmless or trivial contact with personal property not actionable); D. Dobbs, Law of Torts 124 (2000) (same). But under the Court’s reasoning, this conduct may violate the Fourth Amendment. By contrast, if long-term monitoring can be accomplished without committing a technical trespass—suppose, for example, that the Federal Government required or persuaded auto manufacturers to include a GPS tracking device in every car—the Court’s theory would provide no protection.

Second, the Court’s approach leads to incongruous results. If the police attach a GPS device to a car and use the device to follow the car for even a brief time, under the Court’s theory, the Fourth Amendment applies. But if the police follow the same car for a much longer period using unmarked cars and aerial assistance, this tracking is not subject to any Fourth Amendment constraints.

In the present case, the Fourth Amendment applies, the Court concludes, because the officers installed the GPS device after respondent’s wife, to whom the car was registered, turned it over to respondent for his exclusive use. See ante, at 8. But if the GPS had been attached prior to that time, the Court’s theory would lead to a different result. The Court proceeds on the assumption that respondent “had at least the property rights of a bailee,” ante, at 3, n. 2, but a bailee may sue for a trespass to chattel only if the injury occurs during the term of the bailment. See 8A Am. Jur. 2d, Bailment §166, pp. 685–686 (2009). So if the GPS device had been installed before respondent’s wife gave him the keys, respondent would have no claim for trespass—and, presumably, no Fourth Amendment claim either.

Third, under the Court’s theory, the coverage of the Fourth Amendment may vary from State to State. If the events at issue here had occurred in a community property State 4 or a State that has adopted the Uniform Marital Property Act, 5 respondent would likely be an owner of the vehicle, and it would not matter whether the GPS was installed before or after his wife turned over the keys. In non-community-property States, on the other hand, the registration of the vehicle in the name of respondent’s wife would generally be regarded as presumptive evidence that she was the sole owner. See 60 C. J. S., Motor Vehicles §231, pp. 398–399 (2002); 8 Am. Jur. 2d, Automobiles §1208, pp. 859–860 (2007).

Fourth, the Court’s reliance on the law of trespass will present particularly vexing problems in cases involving surveillance that is carried out by making electronic, as opposed to physical, contact with the item to be tracked. For example, suppose that the officers in the present case had followed respondent by surreptitiously activating a stolen vehicle detection system that came with the car when it was purchased. Would the sending of a radio signal to activate this system constitute a trespass to chattels? Trespass to chattels has traditionally required a physical touching of the property. See Restatement (Second) of Torts §217 and Comment e (1963 and 1964); Dobbs, supra, at 123. In recent years, courts have wrestled with the application of this old tort in cases involving unwanted electronic contact with computer systems, and some have held that even the transmission of electrons that occurs when a communication is sent from one computer to another is enough. See, e.g., CompuServe, Inc. v. Cyber Promotions, Inc. 962 F. Supp. 1015, 1021 (SD Ohio 1997); Thrifty-Tel, Inc. v. Bezenek, 46 Cal. App. 4th 1559, 1566, n. 6 (1996). But may such decisions be followed in applying the Court’s trespass theory? Assuming that what matters under the Court’s theory is the law of trespass as it existed at the time of the adoption of the Fourth Amendment, do these recent decisions represent a change in the law or simply the application of the old tort to new situations?

IV

A

The Katz expectation-of-privacy test avoids the problems and complications noted above, but it is not without its own difficulties. It involves a degree of circularity, see Kyllo, 533 U. S., at 34, and judges are apt to confuse their own expectations of privacy with those of the hypothetical reasonable person to which the Katz test looks. See Minnesota v. Carter, 525 U. S. 83, 97 (1998) (Scalia, J., concurring). In addition, the Katz test rests on the assumption that this hypothetical reasonable person has a well-developed and stable set of privacy expectations. But technology can change those expectations. Dramatic technological change may lead to periods in which popular expectations are in flux and may ultimately produce significant changes in popular attitudes. New technology may provide increased convenience or security at the expense of privacy, and many people may find the tradeoff worthwhile. And even if the public does not welcome the diminution of privacy that new technology entails, they may eventually reconcile themselves to this development as inevitable. 6

On the other hand, concern about new intrusions on privacy may spur the enactment of legislation to protect against these intrusions. This is what ultimately happened with respect to wiretapping. After Katz, Congress did not leave it to the courts to develop a body of Fourth Amendment case law governing that complex subject. Instead, Congress promptly enacted a comprehensive statute, see 18 U. S. C. §§2510–2522 (2006 ed. and Supp. IV), and since that time, the regulation of wiretapping has been governed primarily by statute and not by case law. 7 In an ironic sense, although Katz overruled Olmstead, Chief Justice Taft’s suggestion in the latter case that the regulation of wiretapping was a matter better left for Congress, see 277 U. S., at 465–466, has been borne out.

B

Recent years have seen the emergence of many new devices that permit the monitoring of a person’s movements. In some locales, closed-circuit television video monitoring is becoming ubiquitous. On toll roads, automatic toll collection systems create a precise record of the movements of motorists who choose to make use of that convenience. Many motorists purchase cars that are equipped with devices that permit a central station to ascertain the car’s location at any time so that roadside assistance may be provided if needed and the car may be found if it is stolen.

Perhaps most significant, cell phones and other wireless devices now permit wireless carriers to track and record the location of users—and as of June 2011, it has been reported, there were more than 322 million wireless devices in use in the United States. 8 For older phones, the accuracy of the location information depends on the den-sity of the tower network, but new “smart phones,” which are equipped with a GPS device, permit more precise tracking. For example, when a user activates the GPS on such a phone, a provider is able to monitor the phone’s location and speed of movement and can then report back real-time traffic conditions after combining (“crowdsourcing”) the speed of all such phones on any particular road. 9 Similarly, phone-location-tracking services are offered as “social” tools, allowing consumers to find (or to avoid) others who enroll in these services. The availability and use of these and other new devices will continue to shape the average person’s expectations about the privacy of his or her daily movements.

V

In the pre-computer age, the greatest protections of privacy were neither constitutional nor statutory, but practical. Traditional surveillance for any extended period of time was difficult and costly and therefore rarely undertaken. The surveillance at issue in this case—constant monitoring of the location of a vehicle for four weeks—would have required a large team of agents, multiple vehicles, and perhaps aerial assistance. 10 Only an investigation of unusual importance could have justified such an expenditure of law enforcement resources. Devices like the one used in the present case, however, make long-term monitoring relatively easy and cheap. In circumstances involving dramatic technological change, the best solution to privacy concerns may be legislative. See, e.g., Kerr, 102 Mich. L. Rev., at 805–806. A legislative body is well situated to gauge changing public attitudes, to draw detailed lines, and to balance privacy and public safety in a comprehensive way.

To date, however, Congress and most States have not enacted statutes regulating the use of GPS tracking technology for law enforcement purposes. The best that we can do in this case is to apply existing Fourth Amendment doctrine and to ask whether the use of GPS tracking in a particular case involved a degree of intrusion that a reasonable person would not have anticipated.

Under this approach, relatively short-term monitoring of a person’s movements on public streets accords with expectations of privacy that our society has recognized as reasonable. See Knotts, 460 U. S., at 281–282. But the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy. For such offenses, society’s expectation has been that law enforcement agents and others would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual’s car for a very long period. In this case, for four weeks, law enforcement agents tracked every movement that respondent made in the vehicle he was driving. We need not identify with precision the point at which the tracking of this vehicle became a search, for the line was surely crossed before the 4-week mark. Other cases may present more difficult questions. But where uncertainty exists with respect to whether a certain period of GPS surveillance is long enough to constitute a Fourth Amendment search, the police may always seek a warrant. 11 We also need not consider whether prolonged GPS monitoring in the context of investigations involving extraordinary offenses would similarly intrude on a constitutionally protected sphere of privacy. In such cases, long-term tracking might have been mounted using previously available techniques.

*  *  *

For these reasons, I conclude that the lengthy monitoring that occurred in this case constituted a search under the Fourth Amendment. I therefore agree with the majority that the decision of the Court of Appeals must be affirmed.

Notes
1 Although the record does not reveal the size or weight of the device used in this case, there is now a device in use that weighs two ounces and is the size of a credit card. Tr. of Oral Arg. 27.

2 At common law, a suit for trespass to chattels could be maintained if there was a violation of “the dignitary interest in the inviolability of chattels,” but today there must be “some actual damage to the chattel before the action can be maintained.” W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser & Keeton on Law of Torts 87 (5th ed. 1984) (hereinafter Prosser & Keeton). Here, there was no actual damage to the vehicle to which the GPS device was attached.

3 The Court suggests that something like this might have occurred in 1791, but this would have required either a gigantic coach, a very tiny constable, or both—not to mention a constable with incredible fortitude and patience.

4 See, e.g., Cal. Family Code Ann. §760 (West 2004).

5 See Uniform Marital Property Act §4, 9A U. L. A. 116 (1998).

6 See, e.g., NPR, The End of Privacy http://www.npr.org/series/114250076/the-end-of-privacy (all Internet materials as visited Jan. 20, 2012, and available in Clerk of Court’s case file); Time Magazine, Everything About You Is Being Tracked—Get Over It, Joel Stein, Mar. 21, 2011, Vol. 177, No. 11.

7 See Kerr, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. L. Rev. 801, 850–851 (2004) (hereinafter Kerr).

8 See CTIA Consumer Info, 50 Wireless Quick Facts, http://www.ctia.org/consumer_info/index.cfm/AID/10323.

9 See, e.g., The bright side of sitting in traffic: Crowdsourcing road congestion data, Google Blog, http://googleblog.blogspot.com/2009/08/bright-side-of-sitting-in-traffic.html.

10 Even with a radio transmitter like those used in United States v. Knotts, 460 U. S. 276 (1983) , or United States v. Karo, 468 U. S. 705 (1984) , such long-term surveillance would have been exceptionally demanding. The beepers used in those cases merely “emit[ted] periodic signals that [could] be picked up by a radio receiver.” Knotts, 460 U.S., at 277. The signal had a limited range and could be lost if the police did not stay close enough. Indeed, in Knotts itself, officers lost the signal from the beeper, and only “with the assistance of a monitoring device located in a helicopter [was] the approximate location of the signal . . . picked up again about one hour later.” Id., at 278.

11 In this case, the agents obtained a warrant, but they did not comply with two of the warrant’s restrictions: They did not install the GPS device within the 10-day period required by the terms of the warrant and by Fed. Rule Crim. Proc. 41(e)(2)(B)(i), and they did not install the GPS device within the District of Columbia, as required by the terms of the warrant and by 18 U. S. C. §3117(a) and Rule 41(b)(4). In the courts below the Government did not argue, and has not argued here, that the Fourth Amendment does not impose these precise restrictions and that the violation of these restrictions does not demand the suppression of evidence obtained using the tracking device. See, e.g., United States v. Gerber, 994 F. 2d 1556, 1559–1560 (CA11 1993); United States v. Burke, 517 F. 2d 377, 386–387 (CA2 1975). Because it was not raised, that question is not before us.

text: Opinion

text: NOTICE

text: This

text: opinion

text: is

text: subject

text: to

text: formal

text: revision

text: before

text: publication

text: in

text: the

text: preliminary

text: print

text: of

text: the

text: United

text: States

text: Reports

text: Readers

text: are

text: requested

text: to

text: notify

text: the

text: Reporter

text: of

text: Decisions

text: Supreme

text: Court

text: of

text: the

text: United

text: States

text: Washington

text: D

text: C

text: of

text: any

text: typographical

text: or

text: other

text: formal

text: errors

text: in

text: order

text: that

text: corrections

text: may

text: be

text: made

text: before

text: the

text: preliminary

text: print

text: goes

text: to

text: press

text: SUPREME

text: COURT

text: OF

text: THE

text: UNITED

text: STATES

text: No

text: UNITED

text: STATES

text: PETITIONER

text: v

text: ANTOINE

text: JONES

text: on

text: writ

text: of

text: certiorari

text: to

text: the

text: united

text: states

text: court

text: of

text: appeals

text: for

text: the

text: district

text: of

text: columbia

text: circuit

text: January

text: Justice

text: Scalia

text: delivered

text: the

text: opinion

text: of

text: the

text: Court

text: We

text: decide

text: whether

text: the

text: attachment

text: of

text: a

text: Global

text: Positioning

text: System

text: GPS

text: tracking

text: device

text: to

text: an

text: individual

text: s

text: vehicle

text: and

text: subsequent

text: use

text: of

text: that

text: device

text: to

text: monitor

text: the

text: vehicle

text: s

text: movements

text: on

text: public

text: streets

text: constitutes

text: a

text: search

text: or

text: seizure

text: within

text: the

text: meaning

text: of

text: the

text: Fourth

text: Amendment

text: I

text: In

text: respondent

text: Antoine

text: Jones

text: owner

text: and

text: operator

text: of

text: a

text: nightclub

text: in

text: the

text: District

text: of

text: Columbia

text: came

text: under

text: suspicion

text: of

text: trafficking

text: in

text: narcotics

text: and

text: was

text: made

text: the

text: target

text: of

text: an

text: investigation

text: by

text: a

text: joint

text: FBI

text: and

text: Metropolitan

text: Police

text: Department

text: task

text: force

text: Officers

text: employed

text: various

text: investigative

text: techniques

text: including

text: visual

text: surveillance

text: of

text: the

text: nightclub

text: installation

text: of

text: a

text: camera

text: focused

text: on

text: the

text: front

text: door

text: of

text: the

text: club

text: and

text: a

text: pen

text: register

text: and

text: wiretap

text: covering

text: Jones

text: s

text: cellular

text: phone

text: Based

text: in

text: part

text: on

text: information

text: gathered

text: from

text: these

text: sources

text: in

text: the

text: Government

text: applied

text: to

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: District

text: of

text: Columbia

text: for

text: a

text: warrant

text: authorizing

text: the

text: use

text: of

text: an

text: electronic

text: tracking

text: device

text: on

text: the

text: Jeep

text: Grand

text: Cherokee

text: registered

text: to

text: Jones

text: s

text: wife

text: A

text: warrant

text: issued

text: authorizing

text: installation

text: of

text: the

text: de

text: vice

text: in

text: the

text: District

text: of

text: Columbia

text: and

text: within

text: days

text: On

text: the

text: th

text: day

text: and

text: not

text: in

text: the

text: District

text: of

text: Columbia

text: but

text: in

text: Maryland

text: agents

text: installed

text: a

text: GPS

text: tracking

text: device

text: on

text: the

text: undercarriage

text: of

text: the

text: Jeep

text: while

text: it

text: was

text: parked

text: in

text: a

text: public

text: parking

text: lot

text: Over

text: the

text: next

text: days

text: the

text: Government

text: used

text: the

text: device

text: to

text: track

text: the

text: vehicle

text: s

text: movements

text: and

text: once

text: had

text: to

text: replace

text: the

text: device

text: s

text: battery

text: when

text: the

text: vehicle

text: was

text: parked

text: in

text: a

text: different

text: public

text: lot

text: in

text: Maryland

text: By

text: means

text: of

text: signals

text: from

text: multiple

text: satellites

text: the

text: device

text: established

text: the

text: vehicle

text: s

text: location

text: within

text: to

text: feet

text: and

text: communicated

text: that

text: location

text: by

text: cellular

text: phone

text: to

text: a

text: Government

text: computer

text: It

text: relayed

text: more

text: than

text: pages

text: of

text: data

text: over

text: the

text: week

text: period

text: The

text: Government

text: ultimately

text: obtained

text: a

text: multiple

text: count

text: indictment

text: charging

text: Jones

text: and

text: several

text: alleged

text: co

text: conspirators

text: with

text: as

text: relevant

text: here

text: conspiracy

text: to

text: distribute

text: and

text: possess

text: with

text: intent

text: to

text: distribute

text: five

text: kilograms

text: or

text: more

text: of

text: cocaine

text: and

text: grams

text: or

text: more

text: of

text: cocaine

text: base

text: in

text: violation

text: of

text: U

text: S

text: C

text: and

text: Before

text: trial

text: Jones

text: filed

text: a

text: motion

text: to

text: suppress

text: evidence

text: obtained

text: through

text: the

text: GPS

text: device

text: The

text: District

text: Court

text: granted

text: the

text: motion

text: only

text: in

text: part

text: suppressing

text: the

text: data

text: obtained

text: while

text: the

text: vehicle

text: was

text: parked

text: in

text: the

text: garage

text: adjoining

text: Jones

text: s

text: residence

text: F

text: Supp

text: d

text: It

text: held

text: the

text: remaining

text: data

text: admissible

text: because

text: a

text: person

text: traveling

text: in

text: an

text: automobile

text: on

text: public

text: thoroughfares

text: has

text: no

text: reasonable

text: expectation

text: of

text: privacy

text: in

text: his

text: movements

text: from

text: one

text: place

text: to

text: another

text: Ibid

text: quoting

text: United

text: States

text: v

text: Knotts

text: U

text: S

text: Jones

text: s

text: trial

text: in

text: October

text: produced

text: a

text: hung

text: jury

text: on

text: the

text: conspiracy

text: count

text: In

text: March

text: a

text: grand

text: jury

text: returned

text: another

text: indictment

text: charging

text: Jones

text: and

text: others

text: with

text: the

text: same

text: conspir

text: acy

text: The

text: Government

text: introduced

text: at

text: trial

text: the

text: same

text: GPS

text: derived

text: locational

text: data

text: admitted

text: in

text: the

text: first

text: trial

text: which

text: connected

text: Jones

text: to

text: the

text: alleged

text: conspirators

text: stash

text: house

text: that

text: contained

text: in

text: cash

text: kilograms

text: of

text: cocaine

text: and

text: kilogram

text: of

text: cocaine

text: base

text: The

text: jury

text: returned

text: a

text: guilty

text: verdict

text: and

text: the

text: District

text: Court

text: sentenced

text: Jones

text: to

text: life

text: imprisonment

text: The

text: United

text: States

text: Court

text: of

text: Appeals

text: for

text: the

text: District

text: of

text: Columbia

text: Circuit

text: reversed

text: the

text: conviction

text: because

text: of

text: admission

text: of

text: the

text: evidence

text: obtained

text: by

text: warrantless

text: use

text: ofthe

text: GPS

text: device

text: which

text: it

text: said

text: violated

text: the

text: Fourth

text: Amend

text: ment

text: United

text: States

text: v

text: Maynard

text: F

text: d

text: The

text: D

text: C

text: Circuit

text: denied

text: the

text: Government

text: s

text: petition

text: for

text: rehearing

text: en

text: banc

text: with

text: four

text: judges

text: dissenting

text: F

text: d

text: We

text: granted

text: certiorari

text: U

text: S

text: II

text: A

text: The

text: Fourth

text: Amendment

text: provides

text: in

text: relevant

text: part

text: that

text: t

text: he

text: right

text: of

text: the

text: people

text: to

text: be

text: secure

text: in

text: their

text: persons

text: houses

text: papers

text: and

text: effects

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: shall

text: not

text: be

text: violated

text: It

text: is

text: beyond

text: dispute

text: that

text: a

text: vehicle

text: is

text: an

text: effect

text: as

text: that

text: term

text: is

text: used

text: in

text: the

text: Amendment

text: United

text: States

text: v

text: Chadwick

text: U

text: S

text: We

text: hold

text: that

text: the

text: Government

text: s

text: installation

text: of

text: a

text: GPS

text: device

text: on

text: a

text: target

text: s

text: vehicle

text: and

text: its

text: use

text: of

text: that

text: device

text: to

text: monitor

text: the

text: vehicle

text: s

text: movements

text: constitutes

text: a

text: search

text: It

text: is

text: important

text: to

text: be

text: clear

text: about

text: what

text: occurred

text: in

text: this

text: case

text: The

text: Government

text: physically

text: occupied

text: private

text: property

text: for

text: the

text: purpose

text: of

text: obtaining

text: information

text: We

text: have

text: no

text: doubt

text: that

text: such

text: a

text: physical

text: intrusion

text: would

text: have

text: been

text: considered

text: a

text: search

text: within

text: the

text: meaning

text: of

text: the

text: Fourth

text: Amendment

text: when

text: it

text: was

text: adopted

text: Entick

text: v

text: Carrington

text: Eng

text: Rep

text: C

text: P

text: is

text: a

text: case

text: we

text: have

text: described

text: as

text: a

text: monument

text: of

text: English

text: freedom

text: undoubtedly

text: familiar

text: to

text: every

text: American

text: statesman

text: at

text: the

text: time

text: the

text: Constitution

text: was

text: adopted

text: and

text: considered

text: to

text: be

text: the

text: true

text: and

text: ultimate

text: expression

text: of

text: constitutional

text: law

text: with

text: regard

text: to

text: search

text: and

text: seizure

text: Brower

text: v

text: County

text: of

text: Inyo

text: U

text: S

text: quoting

text: Boyd

text: v

text: United

text: States

text: U

text: S

text: In

text: that

text: case

text: Lord

text: Camden

text: expressed

text: in

text: plain

text: terms

text: the

text: significance

text: of

text: property

text: rights

text: in

text: search

text: and

text: seizure

text: analysis

text: O

text: ur

text: law

text: holds

text: the

text: property

text: of

text: every

text: man

text: so

text: sacred

text: that

text: no

text: man

text: can

text: set

text: his

text: foot

text: upon

text: his

text: neighbour

text: s

text: close

text: without

text: his

text: leave

text: if

text: he

text: does

text: he

text: is

text: a

text: trespasser

text: though

text: he

text: does

text: no

text: damage

text: at

text: all

text: if

text: he

text: will

text: tread

text: upon

text: his

text: neighbour

text: s

text: ground

text: he

text: must

text: justify

text: it

text: by

text: law

text: Entick

text: supra

text: at

text: The

text: text

text: of

text: the

text: Fourth

text: Amendment

text: reflects

text: its

text: close

text: connection

text: to

text: property

text: since

text: otherwise

text: it

text: would

text: have

text: referred

text: simply

text: to

text: the

text: right

text: of

text: the

text: people

text: to

text: be

text: secure

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: the

text: phrase

text: in

text: their

text: persons

text: houses

text: papers

text: and

text: effects

text: would

text: have

text: been

text: superfluous

text: Consistent

text: with

text: this

text: understanding

text: our

text: Fourth

text: Amendment

text: jurisprudence

text: was

text: tied

text: to

text: common

text: law

text: trespass

text: at

text: least

text: until

text: the

text: latter

text: half

text: of

text: the

text: th

text: century

text: Kyllo

text: v

text: United

text: States

text: U

text: S

text: Kerr

text: The

text: Fourth

text: Amendment

text: and

text: New

text: Technologies

text: Constitutional

text: Myths

text: and

text: the

text: Case

text: for

text: Caution

text: Mich

text: L

text: Rev

text: Thus

text: in

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: we

text: held

text: that

text: wiretaps

text: attached

text: to

text: telephone

text: wires

text: on

text: the

text: public

text: streets

text: did

text: not

text: constitute

text: a

text: Fourth

text: Amendment

text: search

text: because

text: t

text: here

text: was

text: no

text: entry

text: of

text: the

text: houses

text: or

text: offices

text: of

text: the

text: defendants

text: id

text: at

text: Our

text: later

text: cases

text: of

text: course

text: have

text: deviated

text: from

text: that

text: exclusively

text: property

text: based

text: approach

text: In

text: Katz

text: v

text: United

text: States

text: U

text: S

text: we

text: said

text: that

text: the

text: Fourth

text: Amendment

text: protects

text: people

text: not

text: places

text: and

text: found

text: a

text: violation

text: in

text: attachment

text: of

text: an

text: eavesdropping

text: device

text: to

text: a

text: public

text: telephone

text: booth

text: Our

text: later

text: cases

text: have

text: applied

text: the

text: analysis

text: of

text: Justice

text: Harlan

text: s

text: concurrence

text: in

text: that

text: case

text: which

text: said

text: that

text: a

text: violation

text: occurs

text: when

text: government

text: officers

text: violate

text: a

text: person

text: s

text: reasonable

text: expectation

text: of

text: privacy

text: id

text: at

text: See

text: e

text: g

text: Bond

text: v

text: United

text: States

text: U

text: S

text: California

text: v

text: Ciraolo

text: U

text: S

text: Smith

text: v

text: Maryland

text: U

text: S

text: The

text: Government

text: contends

text: that

text: the

text: Harlan

text: standard

text: shows

text: that

text: no

text: search

text: occurred

text: here

text: since

text: Jones

text: had

text: no

text: reasonable

text: expectation

text: of

text: privacy

text: in

text: the

text: area

text: of

text: the

text: Jeep

text: accessed

text: by

text: Government

text: agents

text: its

text: underbody

text: and

text: in

text: the

text: locations

text: of

text: the

text: Jeep

text: on

text: the

text: public

text: roads

text: which

text: were

text: visible

text: to

text: all

text: But

text: we

text: need

text: not

text: address

text: the

text: Government

text: s

text: contentions

text: because

text: Jones

text: s

text: Fourth

text: Amendment

text: rightsdo

text: not

text: rise

text: or

text: fall

text: with

text: the

text: Katz

text: formulation

text: At

text: bottom

text: we

text: must

text: assur

text: e

text: preservation

text: of

text: that

text: degree

text: of

text: privacy

text: against

text: government

text: that

text: existed

text: when

text: the

text: Fourth

text: Amendment

text: was

text: adopted

text: Kyllo

text: supra

text: at

text: As

text: explained

text: for

text: most

text: of

text: our

text: history

text: the

text: Fourth

text: Amendment

text: was

text: understood

text: to

text: embody

text: a

text: particular

text: concern

text: for

text: government

text: trespass

text: upon

text: the

text: areas

text: persons

text: houses

text: papers

text: and

text: effects

text: it

text: enumerates

text: Katz

text: did

text: not

text: repudiate

text: that

text: understanding

text: Less

text: than

text: two

text: years

text: later

text: the

text: Court

text: upheld

text: defendants

text: contention

text: that

text: the

text: Government

text: could

text: not

text: introduce

text: against

text: them

text: conversations

text: between

text: other

text: people

text: obtained

text: by

text: warrantless

text: placement

text: of

text: electronic

text: surveillance

text: devices

text: in

text: their

text: homes

text: The

text: opinion

text: rejected

text: the

text: dissent

text: s

text: contention

text: that

text: there

text: was

text: no

text: Fourth

text: Amendment

text: violation

text: unless

text: the

text: conversational

text: privacy

text: of

text: the

text: homeowner

text: himself

text: is

text: invaded

text: Alderman

text: v

text: United

text: States

text: U

text: S

text: W

text: e

text: do

text: not

text: believe

text: that

text: Katz

text: by

text: holding

text: that

text: the

text: Fourth

text: Amendment

text: protects

text: persons

text: and

text: their

text: private

text: conversations

text: was

text: intendedto

text: withdraw

text: any

text: of

text: the

text: protection

text: which

text: the

text: Amendment

text: extends

text: to

text: the

text: home

text: Id

text: at

text: More

text: recently

text: in

text: Soldal

text: v

text: Cook

text: County

text: U

text: S

text: the

text: Court

text: unanimously

text: rejected

text: the

text: argument

text: that

text: although

text: a

text: seizure

text: had

text: occurred

text: in

text: a

text: technical

text: sense

text: when

text: a

text: trailer

text: home

text: was

text: forcibly

text: removed

text: id

text: at

text: no

text: Fourth

text: Amendment

text: violation

text: occurred

text: because

text: law

text: enforcement

text: had

text: not

text: invade

text: d

text: the

text: individuals

text: privacy

text: id

text: at

text: Katz

text: the

text: Court

text: explained

text: established

text: that

text: property

text: rights

text: are

text: not

text: the

text: sole

text: measure

text: of

text: Fourth

text: Amendment

text: violations

text: but

text: did

text: not

text: snuf

text: f

text: out

text: the

text: previously

text: recognized

text: protection

text: for

text: property

text: U

text: S

text: at

text: As

text: Justice

text: Brennan

text: explained

text: in

text: his

text: concurrence

text: in

text: Knotts

text: Katz

text: did

text: not

text: erode

text: the

text: principle

text: that

text: when

text: the

text: Government

text: does

text: engage

text: in

text: physical

text: intrusion

text: of

text: a

text: constitutionally

text: protected

text: area

text: in

text: order

text: to

text: obtain

text: information

text: that

text: intrusion

text: may

text: constitute

text: a

text: violation

text: of

text: the

text: Fourth

text: Amendment

text: U

text: S

text: at

text: opinion

text: concurring

text: in

text: judgment

text: We

text: have

text: embodied

text: that

text: preservation

text: of

text: past

text: rights

text: in

text: our

text: very

text: definition

text: of

text: reasonable

text: expectationof

text: privacy

text: which

text: we

text: have

text: said

text: to

text: be

text: an

text: expectation

text: that

text: has

text: a

text: source

text: outside

text: of

text: the

text: Fourth

text: Amendment

text: either

text: by

text: reference

text: to

text: concepts

text: of

text: real

text: or

text: personal

text: property

text: law

text: orto

text: understandings

text: that

text: are

text: recognized

text: and

text: permitted

text: by

text: society

text: Minnesota

text: v

text: Carter

text: U

text: S

text: internal

text: quotation

text: marks

text: omitted

text: Katz

text: did

text: not

text: narrow

text: the

text: Fourth

text: Amendment

text: s

text: scope

text: The

text: Government

text: contends

text: that

text: several

text: of

text: our

text: post

text: Katz

text: cases

text: foreclose

text: the

text: conclusion

text: that

text: what

text: occurred

text: here

text: constituted

text: a

text: search

text: It

text: relies

text: principally

text: on

text: two

text: cases

text: in

text: which

text: we

text: rejected

text: Fourth

text: Amendment

text: challenges

text: to

text: beepers

text: electronic

text: tracking

text: devices

text: that

text: represent

text: another

text: form

text: of

text: electronic

text: monitoring

text: The

text: first

text: case

text: Knotts

text: upheld

text: against

text: Fourth

text: Amendment

text: challenge

text: the

text: use

text: of

text: a

text: beeper

text: that

text: had

text: been

text: placed

text: in

text: a

text: container

text: of

text: chloroform

text: allowing

text: law

text: enforcement

text: to

text: monitor

text: the

text: location

text: of

text: the

text: container

text: U

text: S

text: at

text: We

text: said

text: that

text: there

text: had

text: been

text: no

text: infringement

text: of

text: Knotts

text: reasonable

text: expectation

text: of

text: privacy

text: since

text: the

text: information

text: obtained

text: the

text: location

text: of

text: the

text: automobile

text: carrying

text: the

text: container

text: on

text: public

text: roads

text: andthe

text: location

text: of

text: the

text: off

text: loaded

text: container

text: in

text: open

text: fields

text: near

text: Knotts

text: cabin

text: had

text: been

text: voluntarily

text: conveyed

text: to

text: the

text: public

text: Id

text: at

text: But

text: as

text: we

text: have

text: discussed

text: the

text: Katz

text: reasonable

text: expectation

text: of

text: privacy

text: test

text: has

text: been

text: added

text: to

text: not

text: substituted

text: for

text: the

text: common

text: law

text: trespassory

text: test

text: The

text: holding

text: in

text: Knotts

text: addressed

text: only

text: the

text: former

text: since

text: the

text: latter

text: was

text: not

text: at

text: issue

text: The

text: beeper

text: had

text: been

text: placed

text: inthe

text: container

text: before

text: it

text: came

text: into

text: Knotts

text: possession

text: with

text: the

text: consent

text: of

text: the

text: then

text: owner

text: U

text: S

text: at

text: Knotts

text: did

text: not

text: challenge

text: that

text: installation

text: and

text: we

text: specifically

text: de

text: clined

text: to

text: consider

text: its

text: effect

text: on

text: the

text: Fourth

text: Amendment

text: analysis

text: Id

text: at

text: n

text: Knotts

text: would

text: be

text: relevant

text: perhaps

text: if

text: the

text: Government

text: were

text: making

text: the

text: argument

text: that

text: what

text: would

text: otherwise

text: be

text: an

text: unconstitutional

text: search

text: isnot

text: such

text: where

text: it

text: produces

text: only

text: public

text: information

text: The

text: Government

text: does

text: not

text: make

text: that

text: argument

text: and

text: we

text: know

text: of

text: no

text: case

text: that

text: would

text: support

text: it

text: The

text: second

text: beeper

text: case

text: United

text: States

text: v

text: Karo

text: U

text: S

text: does

text: not

text: suggest

text: a

text: different

text: conclusion

text: There

text: we

text: addressed

text: the

text: question

text: left

text: open

text: by

text: Knotts

text: whether

text: the

text: installation

text: of

text: a

text: beeper

text: in

text: a

text: container

text: amounted

text: to

text: a

text: search

text: or

text: seizure

text: U

text: S

text: at

text: As

text: in

text: Knotts

text: at

text: the

text: time

text: the

text: beeper

text: was

text: installed

text: the

text: container

text: belonged

text: to

text: a

text: third

text: party

text: and

text: it

text: did

text: not

text: come

text: into

text: possession

text: of

text: the

text: defendant

text: until

text: later

text: U

text: S

text: at

text: Thus

text: the

text: specific

text: question

text: we

text: considered

text: was

text: whether

text: the

text: installation

text: with

text: the

text: consent

text: of

text: the

text: original

text: owner

text: constitute

text: d

text: a

text: search

text: or

text: seizure

text: when

text: the

text: container

text: is

text: delivered

text: to

text: a

text: buyer

text: having

text: no

text: knowledge

text: of

text: the

text: presence

text: of

text: the

text: beeper

text: Id

text: at

text: emphasis

text: added

text: We

text: held

text: not

text: The

text: Government

text: we

text: said

text: came

text: into

text: physical

text: contact

text: withthe

text: container

text: only

text: before

text: it

text: belonged

text: to

text: the

text: defendant

text: Karo

text: and

text: the

text: transfer

text: of

text: the

text: container

text: with

text: the

text: unmonitored

text: beeper

text: inside

text: did

text: not

text: convey

text: any

text: information

text: and

text: thus

text: did

text: not

text: invade

text: Karo

text: s

text: privacy

text: See

text: id

text: at

text: That

text: conclusion

text: is

text: perfectly

text: consistent

text: with

text: the

text: one

text: we

text: reach

text: here

text: Karo

text: accepted

text: the

text: container

text: as

text: it

text: came

text: to

text: him

text: beeper

text: and

text: all

text: and

text: was

text: therefore

text: not

text: entitled

text: to

text: object

text: to

text: the

text: beeper

text: s

text: presence

text: even

text: though

text: it

text: was

text: used

text: to

text: monitor

text: the

text: container

text: s

text: location

text: Cf

text: On

text: Lee

text: v

text: United

text: States

text: U

text: S

text: no

text: search

text: or

text: seizure

text: where

text: an

text: informant

text: who

text: was

text: wearing

text: a

text: concealed

text: microphone

text: was

text: invited

text: into

text: the

text: defendant

text: s

text: business

text: Jones

text: who

text: possessed

text: the

text: Jeep

text: at

text: the

text: time

text: the

text: Government

text: trespassorily

text: inserted

text: the

text: information

text: gathering

text: device

text: is

text: on

text: much

text: different

text: footing

text: The

text: Government

text: also

text: points

text: to

text: our

text: exposition

text: in

text: New

text: York

text: v

text: Class

text: U

text: S

text: that

text: t

text: he

text: exterior

text: ofa

text: car

text: is

text: thrust

text: into

text: the

text: public

text: eye

text: and

text: thus

text: to

text: examine

text: it

text: does

text: not

text: constitute

text: a

text: search

text: Id

text: at

text: That

text: statement

text: is

text: of

text: marginal

text: relevance

text: here

text: since

text: as

text: the

text: Government

text: acknowledges

text: the

text: officers

text: in

text: this

text: case

text: did

text: more

text: than

text: conduct

text: a

text: visual

text: inspection

text: of

text: respondent

text: s

text: vehicle

text: Brief

text: for

text: United

text: States

text: emphasis

text: added

text: By

text: attaching

text: the

text: device

text: to

text: the

text: Jeep

text: officers

text: encroached

text: on

text: a

text: protected

text: area

text: In

text: Class

text: itself

text: we

text: suggested

text: that

text: this

text: would

text: make

text: a

text: difference

text: for

text: we

text: concluded

text: that

text: an

text: officer

text: s

text: momentary

text: reaching

text: into

text: the

text: interior

text: of

text: a

text: vehicle

text: did

text: constitute

text: a

text: search

text: U

text: S

text: at

text: Finally

text: the

text: Government

text: s

text: position

text: gains

text: little

text: support

text: from

text: our

text: conclusion

text: in

text: Oliver

text: v

text: United

text: States

text: U

text: S

text: that

text: officers

text: information

text: gathering

text: intrusion

text: on

text: an

text: open

text: field

text: did

text: not

text: constitute

text: a

text: Fourth

text: Amendment

text: search

text: even

text: though

text: it

text: was

text: a

text: trespass

text: at

text: common

text: law

text: id

text: at

text: Quite

text: simply

text: an

text: open

text: field

text: unlike

text: the

text: curtilage

text: of

text: a

text: home

text: see

text: United

text: States

text: v

text: Dunn

text: U

text: S

text: is

text: not

text: one

text: of

text: those

text: protected

text: areas

text: enumerated

text: in

text: the

text: Fourth

text: Amendment

text: Oliver

text: supra

text: at

text: See

text: also

text: Hester

text: v

text: United

text: States

text: U

text: S

text: The

text: Government

text: s

text: physical

text: intrusion

text: on

text: such

text: an

text: area

text: unlike

text: its

text: intrusion

text: on

text: the

text: effect

text: at

text: issue

text: here

text: is

text: of

text: no

text: Fourth

text: Amendment

text: significance

text: B

text: The

text: concurrence

text: begins

text: by

text: accusing

text: us

text: of

text: applying

text: th

text: century

text: tort

text: law

text: Post

text: at

text: That

text: is

text: a

text: distortion

text: What

text: we

text: apply

text: is

text: an

text: th

text: century

text: guarantee

text: against

text: un

text: reasonable

text: searches

text: which

text: we

text: believe

text: must

text: provide

text: at

text: a

text: minimum

text: the

text: degree

text: of

text: protection

text: it

text: afforded

text: when

text: it

text: was

text: adopted

text: The

text: concurrence

text: does

text: not

text: share

text: that

text: belief

text: It

text: would

text: apply

text: exclusively

text: Katz

text: s

text: reasonable

text: expectation

text: of

text: privacy

text: test

text: even

text: when

text: that

text: eliminates

text: rights

text: that

text: previously

text: existed

text: The

text: concurrence

text: faults

text: our

text: approach

text: for

text: present

text: ing

text: particularly

text: vexing

text: problems

text: in

text: cases

text: that

text: do

text: not

text: involve

text: physical

text: contact

text: such

text: as

text: those

text: that

text: involve

text: the

text: transmission

text: of

text: electronic

text: signals

text: Post

text: at

text: We

text: entirely

text: fail

text: to

text: understand

text: that

text: point

text: For

text: unlike

text: the

text: concurrence

text: which

text: would

text: make

text: Katz

text: the

text: exclusive

text: test

text: we

text: do

text: not

text: make

text: trespass

text: the

text: exclusive

text: test

text: Situations

text: involving

text: merely

text: the

text: transmission

text: of

text: electronic

text: signals

text: without

text: trespass

text: would

text: remain

text: subject

text: to

text: Katz

text: analysis

text: In

text: fact

text: it

text: is

text: the

text: concurrence

text: s

text: insistence

text: on

text: the

text: exclusivity

text: of

text: the

text: Katz

text: test

text: that

text: needlessly

text: leads

text: us

text: into

text: particularly

text: vexing

text: problems

text: in

text: the

text: present

text: case

text: This

text: Court

text: has

text: to

text: date

text: not

text: deviated

text: from

text: the

text: understanding

text: that

text: mere

text: visual

text: observation

text: does

text: not

text: constitute

text: a

text: search

text: See

text: Kyllo

text: U

text: S

text: at

text: We

text: accordingly

text: held

text: in

text: Knotts

text: that

text: a

text: person

text: traveling

text: in

text: an

text: automobile

text: on

text: public

text: thoroughfares

text: has

text: no

text: reasonable

text: expectation

text: of

text: privacy

text: in

text: his

text: movements

text: from

text: one

text: place

text: to

text: another

text: U

text: S

text: at

text: Thus

text: even

text: assuming

text: that

text: the

text: concurrence

text: is

text: correct

text: tosay

text: that

text: t

text: raditional

text: surveillance

text: of

text: Jones

text: for

text: a

text: week

text: period

text: would

text: have

text: required

text: a

text: large

text: team

text: of

text: agents

text: multiple

text: vehicles

text: and

text: perhaps

text: aerial

text: assistance

text: post

text: at

text: our

text: cases

text: suggest

text: that

text: such

text: visual

text: observation

text: is

text: constitutionally

text: permissible

text: It

text: may

text: be

text: that

text: achieving

text: the

text: same

text: result

text: through

text: electronic

text: means

text: without

text: an

text: accompany

text: ing

text: trespass

text: is

text: an

text: unconstitutional

text: invasion

text: of

text: privacy

text: but

text: the

text: present

text: case

text: does

text: not

text: require

text: us

text: to

text: answer

text: that

text: question

text: And

text: answering

text: it

text: affirmatively

text: leads

text: us

text: needlessly

text: into

text: additional

text: thorny

text: problems

text: The

text: concurrence

text: posits

text: that

text: relatively

text: short

text: term

text: monitoring

text: of

text: a

text: person

text: s

text: movements

text: on

text: public

text: streets

text: is

text: okay

text: but

text: that

text: the

text: use

text: of

text: longer

text: term

text: GPS

text: monitoring

text: in

text: investigations

text: of

text: most

text: offenses

text: is

text: no

text: good

text: Post

text: at

text: emphasis

text: added

text: That

text: introduces

text: yet

text: another

text: novelty

text: into

text: our

text: jurisprudence

text: There

text: is

text: no

text: precedent

text: for

text: the

text: proposition

text: that

text: whether

text: a

text: search

text: has

text: occurred

text: depends

text: on

text: the

text: nature

text: of

text: the

text: crime

text: being

text: investigated

text: And

text: even

text: accepting

text: that

text: novelty

text: it

text: remains

text: unexplained

text: why

text: a

text: week

text: investigation

text: is

text: surely

text: too

text: long

text: and

text: why

text: a

text: drug

text: trafficking

text: conspiracy

text: involving

text: sub

text: stantial

text: amounts

text: of

text: cash

text: and

text: narcotics

text: is

text: not

text: an

text: extra

text: ordinary

text: offens

text: e

text: which

text: may

text: permit

text: longer

text: observation

text: See

text: post

text: at

text: What

text: of

text: a

text: day

text: monitoring

text: of

text: asuspected

text: purveyor

text: of

text: stolen

text: electronics

text: Or

text: of

text: a

text: month

text: monitoring

text: of

text: a

text: suspected

text: terrorist

text: We

text: may

text: have

text: to

text: grapple

text: with

text: these

text: vexing

text: problems

text: in

text: some

text: future

text: case

text: where

text: a

text: classic

text: trespassory

text: search

text: is

text: not

text: involved

text: and

text: resort

text: must

text: be

text: had

text: to

text: Katz

text: analysis

text: but

text: there

text: is

text: no

text: reason

text: for

text: rushing

text: forward

text: to

text: resolve

text: them

text: here

text: III

text: The

text: Government

text: argues

text: in

text: the

text: alternative

text: that

text: even

text: if

text: the

text: attachment

text: and

text: use

text: of

text: the

text: device

text: was

text: a

text: search

text: it

text: was

text: reasonable

text: and

text: thus

text: lawful

text: under

text: the

text: Fourth

text: Amendment

text: because

text: officers

text: had

text: reasonable

text: suspicion

text: and

text: in

text: deed

text: probable

text: cause

text: to

text: believe

text: that

text: Jones

text: was

text: a

text: leader

text: in

text: a

text: large

text: scale

text: cocaine

text: distribution

text: conspiracy

text: Brief

text: for

text: United

text: States

text: We

text: have

text: no

text: occasion

text: to

text: consider

text: this

text: argument

text: The

text: Government

text: did

text: not

text: raise

text: it

text: below

text: and

text: the

text: D

text: C

text: Circuit

text: therefore

text: did

text: not

text: address

text: it

text: See

text: F

text: d

text: at

text: Ginsburg

text: Tatel

text: and

text: Griffith

text: JJ

text: concurring

text: in

text: denial

text: of

text: rehearing

text: en

text: banc

text: We

text: consider

text: the

text: argument

text: forfeited

text: See

text: Sprietsma

text: v

text: Mercury

text: Marine

text: U

text: S

text: n

text: The

text: judgment

text: of

text: the

text: Court

text: of

text: Appeals

text: for

text: the

text: D

text: C

text: Circuit

text: is

text: affirmed

text: It

text: is

text: so

text: ordered

text: Notes

text: In

text: this

text: litigation

text: the

text: Government

text: has

text: conceded

text: noncompliance

text: with

text: the

text: warrant

text: and

text: has

text: argued

text: only

text: that

text: a

text: warrant

text: was

text: not

text: required

text: United

text: States

text: v

text: Maynard

text: F

text: d

text: n

text: CADC

text: As

text: we

text: have

text: noted

text: the

text: Jeep

text: was

text: registered

text: to

text: Jones

text: s

text: wife

text: The

text: Government

text: acknowledged

text: however

text: that

text: Jones

text: was

text: the

text: exclusive

text: driver

text: Id

text: at

text: n

text: internal

text: quotation

text: marks

text: omitted

text: If

text: Jones

text: was

text: not

text: the

text: owner

text: he

text: had

text: at

text: least

text: the

text: property

text: rights

text: of

text: a

text: bailee

text: The

text: Court

text: of

text: Appeals

text: concluded

text: that

text: the

text: vehicle

text: s

text: registration

text: did

text: not

text: affect

text: his

text: ability

text: to

text: make

text: a

text: Fourth

text: Amendment

text: objection

text: ibid

text: and

text: the

text: Government

text: has

text: not

text: challenged

text: that

text: determination

text: here

text: We

text: therefore

text: do

text: not

text: consider

text: the

text: Fourth

text: Amendment

text: significance

text: of

text: Jones

text: s

text: status

text: Justice

text: Alito

text: s

text: concurrence

text: hereinafter

text: concurrence

text: doubts

text: the

text: wisdom

text: of

text: our

text: approach

text: because

text: it

text: is

text: almost

text: impossible

text: to

text: think

text: of

text: late

text: th

text: century

text: situations

text: that

text: are

text: analogous

text: to

text: what

text: took

text: place

text: in

text: this

text: case

text: Post

text: at

text: opinion

text: concurring

text: in

text: judgment

text: But

text: in

text: fact

text: it

text: posits

text: a

text: situation

text: that

text: is

text: not

text: far

text: afield

text: a

text: constable

text: s

text: concealing

text: himself

text: in

text: the

text: target

text: s

text: coach

text: in

text: order

text: to

text: track

text: its

text: movements

text: Ibid

text: There

text: is

text: no

text: doubt

text: that

text: the

text: information

text: gained

text: by

text: that

text: trespassory

text: activity

text: would

text: be

text: the

text: product

text: of

text: an

text: unlawful

text: search

text: whether

text: that

text: information

text: consisted

text: of

text: the

text: conversations

text: occurring

text: in

text: the

text: coach

text: or

text: of

text: the

text: destinations

text: to

text: which

text: the

text: coach

text: traveled

text: In

text: any

text: case

text: it

text: is

text: quite

text: irrelevant

text: whether

text: there

text: was

text: an

text: th

text: century

text: analog

text: Whatever

text: new

text: methods

text: of

text: investigation

text: may

text: be

text: devised

text: our

text: task

text: at

text: a

text: minimum

text: is

text: to

text: decide

text: whether

text: the

text: action

text: in

text: question

text: would

text: have

text: constituted

text: a

text: search

text: within

text: the

text: original

text: meaning

text: of

text: the

text: Fourth

text: Amendment

text: Where

text: as

text: here

text: the

text: Government

text: obtains

text: information

text: by

text: physically

text: intruding

text: on

text: a

text: constitutionally

text: protected

text: area

text: such

text: a

text: search

text: has

text: undoubtedly

text: occurred

text: Thus

text: the

text: concurrence

text: s

text: attempt

text: to

text: recast

text: Alderman

text: as

text: meaning

text: that

text: individuals

text: have

text: a

text: legitimate

text: expectation

text: of

text: privacy

text: in

text: all

text: conversations

text: that

text: take

text: place

text: under

text: their

text: roof

text: post

text: at

text: is

text: foreclosed

text: by

text: the

text: Court

text: s

text: opinion

text: The

text: Court

text: took

text: as

text: a

text: given

text: that

text: the

text: homeowner

text: s

text: conversational

text: privacy

text: had

text: not

text: been

text: violated

text: The

text: concurrence

text: notes

text: that

text: post

text: Katz

text: we

text: have

text: explained

text: that

text: an

text: actual

text: trespass

text: is

text: neither

text: necessary

text: nor

text: sufficient

text: to

text: establish

text: a

text: constitutional

text: violation

text: Post

text: at

text: quoting

text: United

text: States

text: v

text: Karo

text: U

text: S

text: That

text: is

text: undoubtedly

text: true

text: and

text: undoubtedly

text: irrelevant

text: Karo

text: was

text: considering

text: whether

text: a

text: seizure

text: occurred

text: and

text: as

text: the

text: concurrence

text: explains

text: a

text: seizure

text: of

text: property

text: occurs

text: not

text: when

text: there

text: is

text: a

text: trespass

text: but

text: when

text: there

text: is

text: some

text: meaningful

text: interference

text: with

text: an

text: individual

text: s

text: possessory

text: interests

text: in

text: that

text: property

text: Post

text: at

text: internal

text: quotation

text: marks

text: omitted

text: Likewise

text: with

text: a

text: search

text: Trespass

text: alone

text: does

text: not

text: qualify

text: but

text: there

text: must

text: be

text: conjoined

text: with

text: that

text: what

text: was

text: present

text: here

text: an

text: attempt

text: to

text: find

text: something

text: or

text: to

text: obtain

text: information

text: Related

text: to

text: this

text: and

text: similarly

text: irrelevant

text: is

text: the

text: concurrence

text: s

text: point

text: that

text: if

text: analyzed

text: separately

text: neither

text: the

text: installation

text: of

text: the

text: device

text: nor

text: its

text: use

text: would

text: constitute

text: a

text: Fourth

text: Amendment

text: search

text: See

text: ibid

text: Of

text: course

text: not

text: A

text: trespass

text: on

text: houses

text: or

text: effects

text: or

text: a

text: Katz

text: invasion

text: of

text: privacy

text: is

text: not

text: alone

text: a

text: search

text: unless

text: it

text: is

text: done

text: to

text: obtain

text: information

text: and

text: the

text: obtaining

text: of

text: information

text: is

text: not

text: alone

text: a

text: search

text: unless

text: it

text: is

text: achieved

text: by

text: such

text: a

text: trespass

text: or

text: invasion

text: of

text: privacy

text: Knotts

text: noted

text: the

text: limited

text: use

text: which

text: the

text: government

text: made

text: of

text: the

text: signals

text: from

text: this

text: particular

text: beeper

text: U

text: S

text: at

text: and

text: reserved

text: the

text: question

text: whether

text: different

text: constitutional

text: principles

text: may

text: be

text: applicable

text: to

text: dragnet

text: type

text: law

text: enforcement

text: practices

text: of

text: the

text: type

text: that

text: GPS

text: tracking

text: made

text: possible

text: here

text: ibid

text: The

text: Government

text: also

text: points

text: to

text: Cardwell

text: v

text: Lewis

text: U

text: S

text: in

text: which

text: the

text: Court

text: rejected

text: the

text: claim

text: that

text: the

text: inspection

text: of

text: an

text: impounded

text: vehicle

text: s

text: tire

text: tread

text: and

text: the

text: collection

text: of

text: paint

text: scrapings

text: from

text: its

text: exterior

text: violated

text: the

text: Fourth

text: Amendment

text: Whether

text: the

text: plural

text: ity

text: said

text: so

text: because

text: no

text: search

text: occurred

text: or

text: because

text: the

text: search

text: was

text: rea

text: sonable

text: is

text: unclear

text: Compare

text: id

text: at

text: opinion

text: of

text: Blackmun

text: J

text: W

text: e

text: fail

text: to

text: comprehend

text: what

text: expectation

text: of

text: privacy

text: was

text: infringed

text: with

text: id

text: at

text: Under

text: circumstances

text: such

text: as

text: these

text: where

text: probable

text: cause

text: exists

text: a

text: warrantless

text: examination

text: of

text: the

text: exterior

text: of

text: a

text: car

text: is

text: not

text: unreasonable

text: Thus

text: our

text: theory

text: is

text: not

text: that

text: the

text: Fourth

text: Amendment

text: is

text: concerned

text: with

text: any

text: technical

text: trespass

text: that

text: led

text: to

text: the

text: gathering

text: of

text: evidence

text: Post

text: at

text: Alito

text: J

text: concurring

text: in

text: judgment

text: emphasis

text: added

text: The

text: Fourth

text: Amendment

text: protects

text: against

text: trespassory

text: searches

text: only

text: with

text: regard

text: to

text: those

text: items

text: persons

text: houses

text: papers

text: and

text: effects

text: that

text: it

text: enumerates

text: The

text: trespass

text: that

text: occurred

text: in

text: Oliver

text: may

text: properly

text: be

text: understood

text: as

text: a

text: search

text: but

text: not

text: one

text: in

text: the

text: constitutional

text: sense

text: U

text: S

text: at

text: TOP

text: Concurrence

text: SUPREME

text: COURT

text: OF

text: THE

text: UNITED

text: STATES

text: No

text: UNITED

text: STATES

text: PETITIONER

text: v

text: ANTOINE

text: JONES

text: on

text: writ

text: of

text: certiorari

text: to

text: the

text: united

text: states

text: court

text: of

text: appeals

text: for

text: the

text: district

text: of

text: columbia

text: circuit

text: January

text: Justice

text: Sotomayor

text: concurring

text: I

text: join

text: the

text: Court

text: s

text: opinion

text: because

text: I

text: agree

text: that

text: a

text: search

text: within

text: the

text: meaning

text: of

text: the

text: Fourth

text: Amendment

text: occurs

text: at

text: a

text: minimum

text: w

text: here

text: as

text: here

text: the

text: Government

text: obtains

text: information

text: by

text: physically

text: intruding

text: on

text: a

text: constitutionally

text: protected

text: area

text: Ante

text: at

text: n

text: In

text: this

text: case

text: the

text: Government

text: installed

text: a

text: Global

text: Positioning

text: System

text: GPS

text: tracking

text: device

text: on

text: respondent

text: Antoine

text: Jones

text: Jeep

text: without

text: a

text: valid

text: warrant

text: and

text: without

text: Jones

text: consent

text: then

text: used

text: that

text: device

text: to

text: monitor

text: the

text: Jeep

text: s

text: movements

text: over

text: the

text: course

text: of

text: four

text: weeks

text: The

text: Government

text: usurped

text: Jones

text: property

text: for

text: the

text: purpose

text: of

text: conducting

text: surveillance

text: on

text: him

text: thereby

text: invading

text: privacy

text: interests

text: long

text: afforded

text: and

text: undoubtedly

text: entitled

text: to

text: Fourth

text: Amendment

text: protection

text: See

text: e

text: g

text: Silverman

text: v

text: United

text: States

text: U

text: S

text: Of

text: course

text: the

text: Fourth

text: Amendment

text: is

text: not

text: concerned

text: only

text: with

text: trespassory

text: intrusions

text: on

text: property

text: See

text: e

text: g

text: Kyllo

text: v

text: United

text: States

text: U

text: S

text: Rather

text: even

text: in

text: the

text: absence

text: of

text: a

text: trespass

text: a

text: Fourth

text: Amendment

text: search

text: occurs

text: when

text: the

text: government

text: violates

text: a

text: subjective

text: expectation

text: of

text: privacy

text: that

text: society

text: recognizes

text: as

text: reasonable

text: Id

text: at

text: see

text: also

text: Smith

text: v

text: Maryland

text: U

text: S

text: Katz

text: v

text: United

text: States

text: U

text: S

text: Harlan

text: J

text: concurring

text: In

text: Katz

text: this

text: Court

text: enlarged

text: its

text: then

text: prevailing

text: focus

text: on

text: property

text: rights

text: by

text: announcing

text: that

text: the

text: reach

text: of

text: the

text: Fourth

text: Amendment

text: does

text: not

text: turn

text: upon

text: the

text: presence

text: or

text: absence

text: of

text: a

text: physical

text: intrusion

text: Id

text: at

text: As

text: the

text: majority

text: s

text: opinion

text: makes

text: clear

text: however

text: Katz

text: s

text: reasonable

text: expectation

text: of

text: privacy

text: test

text: augmented

text: but

text: did

text: not

text: displace

text: or

text: diminish

text: the

text: common

text: law

text: trespassory

text: test

text: that

text: preceded

text: it

text: Ante

text: at

text: Thus

text: when

text: the

text: Government

text: does

text: engage

text: in

text: physical

text: intrusion

text: of

text: a

text: constitutionally

text: protected

text: area

text: in

text: order

text: to

text: obtain

text: information

text: that

text: intrusion

text: may

text: constitute

text: a

text: violation

text: of

text: the

text: Fourth

text: Amendment

text: United

text: States

text: v

text: Knotts

text: U

text: S

text: Brennan

text: J

text: concurring

text: in

text: judgment

text: see

text: also

text: e

text: g

text: Rakas

text: v

text: Illinois

text: U

text: S

text: n

text: Justice

text: Alito

text: s

text: approach

text: which

text: discounts

text: altogether

text: the

text: constitutional

text: relevance

text: of

text: the

text: Government

text: s

text: physical

text: intrusion

text: on

text: Jones

text: Jeep

text: erodes

text: that

text: longstanding

text: protection

text: for

text: privacy

text: expectations

text: inherent

text: in

text: items

text: of

text: property

text: that

text: people

text: possess

text: or

text: control

text: See

text: post

text: at

text: opinion

text: concurring

text: in

text: judgment

text: By

text: contrast

text: the

text: trespassory

text: test

text: applied

text: in

text: the

text: majority

text: s

text: opinion

text: reflects

text: an

text: irreducible

text: constitutional

text: minimum

text: When

text: the

text: Government

text: physically

text: invades

text: personal

text: property

text: to

text: gather

text: information

text: a

text: search

text: occurs

text: The

text: reaffirmation

text: of

text: that

text: principle

text: suffices

text: to

text: decide

text: this

text: case

text: Nonetheless

text: as

text: Justice

text: Alito

text: notes

text: physical

text: intrusion

text: is

text: now

text: unnecessary

text: to

text: many

text: forms

text: of

text: surveillance

text: Post

text: at

text: With

text: increasing

text: regularity

text: the

text: Government

text: will

text: be

text: capable

text: of

text: duplicating

text: the

text: monitoring

text: undertaken

text: in

text: this

text: case

text: by

text: enlisting

text: factory

text: or

text: owner

text: installed

text: vehicle

text: tracking

text: devices

text: or

text: GPS

text: enabled

text: smartphones

text: See

text: United

text: States

text: v

text: Pineda

text: Moreno

text: F

text: d

text: CA

text: Kozinski

text: C

text: J

text: dissenting

text: from

text: denial

text: of

text: rehearing

text: en

text: banc

text: In

text: cases

text: of

text: electronic

text: or

text: other

text: novel

text: modes

text: of

text: surveillance

text: that

text: do

text: not

text: depend

text: upon

text: a

text: physical

text: invasionon

text: property

text: the

text: majority

text: opinion

text: s

text: trespassory

text: test

text: may

text: provide

text: little

text: guidance

text: But

text: s

text: ituations

text: involving

text: merely

text: the

text: transmission

text: of

text: electronic

text: signals

text: without

text: trespass

text: would

text: remain

text: subject

text: to

text: Katz

text: analysis

text: Ante

text: at

text: As

text: Justice

text: Alito

text: incisively

text: observes

text: the

text: same

text: technological

text: advances

text: that

text: have

text: made

text: possible

text: nontrespassory

text: surveillance

text: techniques

text: will

text: also

text: affect

text: the

text: Katz

text: test

text: by

text: shaping

text: the

text: evolution

text: of

text: societal

text: privacy

text: expectations

text: Post

text: at

text: Under

text: that

text: rubric

text: I

text: agree

text: with

text: Justice

text: Alito

text: that

text: at

text: the

text: very

text: least

text: longer

text: term

text: GPS

text: monitoring

text: in

text: inves

text: tigations

text: of

text: most

text: offenses

text: impinges

text: on

text: expectations

text: of

text: privacy

text: Post

text: at

text: In

text: cases

text: involving

text: even

text: short

text: term

text: monitoring

text: some

text: unique

text: attributes

text: of

text: GPS

text: surveillance

text: relevant

text: to

text: the

text: Katz

text: analysis

text: will

text: require

text: particular

text: attention

text: GPS

text: monitoring

text: generates

text: a

text: precise

text: comprehensive

text: record

text: of

text: a

text: person

text: s

text: public

text: movements

text: that

text: reflects

text: a

text: wealth

text: of

text: detail

text: about

text: her

text: familial

text: political

text: professional

text: religious

text: and

text: sexual

text: associations

text: See

text: e

text: g

text: People

text: v

text: Weaver

text: N

text: Y

text: d

text: N

text: E

text: d

text: Disclosed

text: in

text: GPS

text: data

text: will

text: be

text: trips

text: the

text: indisputably

text: private

text: nature

text: of

text: which

text: takes

text: little

text: imagination

text: to

text: conjure

text: tripsto

text: the

text: psychiatrist

text: the

text: plastic

text: surgeon

text: the

text: abortion

text: clinic

text: the

text: AIDS

text: treatment

text: center

text: the

text: strip

text: club

text: the

text: criminal

text: defense

text: attorney

text: the

text: by

text: the

text: hour

text: motel

text: the

text: union

text: meeting

text: the

text: mosque

text: synagogue

text: or

text: church

text: the

text: gay

text: bar

text: andon

text: and

text: on

text: The

text: Government

text: can

text: store

text: such

text: recordsand

text: efficiently

text: mine

text: them

text: for

text: information

text: years

text: into

text: the

text: future

text: Pineda

text: Moreno

text: F

text: d

text: at

text: opinion

text: of

text: Kozinski

text: C

text: J

text: And

text: because

text: GPS

text: monitoring

text: is

text: cheapin

text: comparison

text: to

text: conventional

text: surveillance

text: techniques

text: and

text: by

text: design

text: proceeds

text: surreptitiously

text: it

text: evades

text: the

text: ordinary

text: checks

text: that

text: constrain

text: abusive

text: law

text: enforcement

text: practices

text: limited

text: police

text: resources

text: and

text: community

text: hostility

text: Illinois

text: v

text: Lidster

text: U

text: S

text: Awareness

text: that

text: the

text: Government

text: may

text: be

text: watching

text: chills

text: associational

text: and

text: expressive

text: freedoms

text: And

text: the

text: Government

text: s

text: unrestrained

text: power

text: to

text: assemble

text: data

text: that

text: reveal

text: private

text: aspects

text: of

text: identity

text: is

text: susceptible

text: to

text: abuse

text: The

text: net

text: result

text: is

text: that

text: GPS

text: monitoring

text: by

text: making

text: available

text: at

text: a

text: relatively

text: low

text: cost

text: such

text: a

text: substantial

text: quantum

text: of

text: intimate

text: information

text: about

text: any

text: person

text: whom

text: the

text: Government

text: in

text: its

text: unfettered

text: discretion

text: chooses

text: to

text: track

text: may

text: alter

text: the

text: relationship

text: between

text: citizen

text: and

text: government

text: in

text: a

text: way

text: that

text: is

text: inimical

text: to

text: democratic

text: society

text: United

text: States

text: v

text: Cuevas

text: Perez

text: F

text: d

text: CA

text: Flaum

text: J

text: concurring

text: I

text: would

text: take

text: these

text: attributes

text: of

text: GPS

text: monitoring

text: into

text: account

text: when

text: considering

text: the

text: existence

text: of

text: a

text: reasonable

text: societal

text: expectation

text: of

text: privacy

text: in

text: the

text: sum

text: of

text: one

text: s

text: public

text: movements

text: I

text: would

text: ask

text: whether

text: people

text: reasonably

text: expect

text: that

text: their

text: movements

text: will

text: be

text: recorded

text: and

text: aggregated

text: in

text: a

text: manner

text: that

text: enables

text: the

text: Government

text: to

text: ascertain

text: more

text: or

text: less

text: at

text: will

text: their

text: political

text: and

text: religious

text: beliefs

text: sexual

text: habits

text: and

text: so

text: on

text: I

text: do

text: not

text: regard

text: as

text: dispositivethe

text: fact

text: that

text: the

text: Government

text: might

text: obtain

text: the

text: fruits

text: of

text: GPS

text: monitoring

text: through

text: lawful

text: conventional

text: surveillance

text: techniques

text: See

text: Kyllo

text: U

text: S

text: at

text: n

text: ante

text: at

text: leaving

text: open

text: the

text: possibility

text: that

text: duplicating

text: traditional

text: surveillance

text: through

text: electronic

text: means

text: without

text: an

text: accompanying

text: trespass

text: is

text: an

text: unconstitutional

text: invasion

text: of

text: privacy

text: I

text: would

text: also

text: consider

text: the

text: appropriateness

text: of

text: entrusting

text: to

text: the

text: Executive

text: in

text: the

text: absence

text: of

text: any

text: oversight

text: from

text: a

text: coordinate

text: branch

text: a

text: tool

text: so

text: amenable

text: to

text: misuse

text: especially

text: in

text: light

text: of

text: the

text: Fourth

text: Amendment

text: s

text: goal

text: to

text: curb

text: arbitrary

text: exercises

text: of

text: police

text: power

text: to

text: and

text: prevent

text: a

text: too

text: permeating

text: police

text: surveillance

text: United

text: States

text: v

text: Di

text: Re

text: U

text: S

text: More

text: fundamentally

text: it

text: may

text: be

text: necessary

text: to

text: reconsider

text: the

text: premise

text: that

text: an

text: individual

text: has

text: no

text: reasonable

text: expectation

text: of

text: privacy

text: in

text: information

text: voluntarily

text: disclosed

text: to

text: third

text: parties

text: E

text: g

text: Smith

text: U

text: S

text: at

text: United

text: States

text: v

text: Miller

text: U

text: S

text: This

text: approach

text: is

text: ill

text: suited

text: to

text: the

text: digital

text: age

text: in

text: which

text: people

text: reveal

text: a

text: great

text: deal

text: of

text: information

text: about

text: themselves

text: to

text: third

text: parties

text: in

text: the

text: course

text: of

text: carrying

text: out

text: mundane

text: tasks

text: People

text: disclose

text: the

text: phone

text: numbers

text: that

text: they

text: dial

text: or

text: text

text: to

text: their

text: cellu

text: lar

text: providers

text: the

text: URLs

text: that

text: they

text: visit

text: and

text: the

text: e

text: mail

text: addresses

text: with

text: which

text: they

text: correspond

text: to

text: their

text: Internet

text: service

text: providers

text: and

text: the

text: books

text: groceries

text: and

text: medi

text: cations

text: they

text: purchase

text: to

text: online

text: retailers

text: Perhaps

text: as

text: Justice

text: Alito

text: notes

text: some

text: people

text: may

text: find

text: the

text: tradeoff

text: of

text: privacy

text: for

text: convenience

text: worthwhile

text: or

text: come

text: to

text: accept

text: this

text: diminution

text: of

text: privacy

text: as

text: inevitable

text: post

text: at

text: and

text: perhaps

text: not

text: I

text: for

text: one

text: doubt

text: that

text: people

text: would

text: accept

text: without

text: complaint

text: the

text: warrantless

text: disclosure

text: to

text: the

text: Government

text: of

text: a

text: list

text: of

text: every

text: Web

text: site

text: they

text: had

text: visited

text: in

text: the

text: last

text: week

text: or

text: month

text: or

text: year

text: But

text: whatever

text: the

text: societal

text: expectations

text: they

text: can

text: attain

text: constitutionally

text: protected

text: status

text: only

text: if

text: our

text: Fourth

text: Amendment

text: jurisprudence

text: ceases

text: to

text: treat

text: secrecy

text: as

text: a

text: prerequisite

text: for

text: privacy

text: I

text: would

text: not

text: assume

text: that

text: all

text: information

text: voluntarily

text: disclosed

text: to

text: some

text: member

text: of

text: the

text: public

text: for

text: a

text: limited

text: purpose

text: is

text: for

text: that

text: reason

text: alone

text: disentitled

text: to

text: Fourth

text: Amendment

text: protection

text: See

text: Smith

text: U

text: S

text: at

text: Marshall

text: J

text: dissenting

text: Privacy

text: is

text: not

text: a

text: discrete

text: commodity

text: possessed

text: absolutely

text: or

text: not

text: at

text: all

text: Those

text: who

text: disclose

text: certain

text: facts

text: to

text: a

text: bank

text: or

text: phone

text: company

text: for

text: a

text: limited

text: business

text: purpose

text: need

text: not

text: assume

text: that

text: this

text: information

text: will

text: be

text: released

text: to

text: other

text: persons

text: for

text: other

text: purposes

text: see

text: also

text: Katz

text: U

text: S

text: at

text: W

text: hat

text: a

text: person

text: seeks

text: to

text: preserve

text: as

text: private

text: even

text: in

text: an

text: area

text: accessible

text: to

text: the

text: public

text: may

text: be

text: constitutionally

text: protected

text: Resolution

text: of

text: these

text: difficult

text: questions

text: in

text: this

text: case

text: is

text: unnecessary

text: however

text: because

text: the

text: Government

text: s

text: physical

text: intrusion

text: on

text: Jones

text: Jeep

text: supplies

text: a

text: narrower

text: basis

text: for

text: decision

text: I

text: therefore

text: join

text: the

text: majority

text: s

text: opinion

text: Notes

text: United

text: States

text: v

text: Knotts

text: U

text: S

text: does

text: not

text: foreclose

text: the

text: conclusion

text: that

text: GPS

text: monitoring

text: in

text: the

text: absence

text: of

text: a

text: physical

text: intrusion

text: is

text: a

text: Fourth

text: Amendment

text: search

text: As

text: the

text: majority

text: s

text: opinion

text: notes

text: Knotts

text: reserved

text: the

text: question

text: whether

text: different

text: constitutional

text: principlesmay

text: be

text: applicable

text: to

text: invasive

text: law

text: enforcement

text: practices

text: such

text: as

text: GPS

text: tracking

text: See

text: ante

text: at

text: n

text: quoting

text: U

text: S

text: at

text: United

text: States

text: v

text: Karo

text: U

text: S

text: addressed

text: the

text: Fourth

text: Amendment

text: implications

text: of

text: the

text: installation

text: of

text: a

text: beeper

text: in

text: a

text: container

text: with

text: the

text: consent

text: of

text: the

text: container

text: s

text: original

text: owner

text: who

text: was

text: awarethat

text: the

text: beeper

text: would

text: be

text: used

text: for

text: surveillance

text: purposes

text: Id

text: at

text: Owners

text: of

text: GPS

text: equipped

text: cars

text: and

text: smartphones

text: do

text: not

text: contemplate

text: that

text: these

text: devices

text: will

text: be

text: used

text: to

text: enable

text: covert

text: surveillance

text: of

text: their

text: movements

text: To

text: the

text: contrary

text: subscribers

text: of

text: one

text: such

text: service

text: greeteda

text: similar

text: suggestion

text: with

text: anger

text: Quain

text: Changes

text: to

text: OnStar

text: s

text: Privacy

text: Terms

text: Rile

text: Some

text: Users

text: N

text: Y

text: Times

text: Sept

text: online

text: at

text: http

text: wheels

text: blogs

text: nytimes

text: com

text: changes

text: to

text: onstars

text: privacy

text: terms

text: rile

text: some

text: users

text: as

text: visited

text: Jan

text: and

text: available

text: in

text: Clerk

text: of

text: Court

text: s

text: case

text: file

text: In

text: addition

text: the

text: bugged

text: container

text: in

text: Karo

text: lacked

text: the

text: close

text: relationship

text: with

text: the

text: target

text: that

text: a

text: car

text: shares

text: with

text: its

text: owner

text: The

text: bugged

text: container

text: in

text: Karo

text: was

text: stationary

text: for

text: much

text: of

text: the

text: Government

text: s

text: surveillance

text: See

text: U

text: S

text: at

text: A

text: car

text: s

text: movements

text: by

text: contrast

text: are

text: its

text: owner

text: s

text: movements

text: TOP

text: Concurrence

text: SUPREME

text: COURT

text: OF

text: THE

text: UNITED

text: STATES

text: No

text: UNITED

text: STATES

text: PETITIONER

text: v

text: ANTOINE

text: JONES

text: on

text: writ

text: of

text: certiorari

text: to

text: the

text: united

text: states

text: court

text: of

text: appeals

text: for

text: the

text: district

text: of

text: columbia

text: circuit

text: January

text: Justice

text: Alito

text: with

text: whom

text: Justice

text: Ginsburg

text: Justice

text: Breyer

text: and

text: Justice

text: Kagan

text: join

text: concurring

text: in

text: the

text: judgment

text: This

text: case

text: requires

text: us

text: to

text: apply

text: the

text: Fourth

text: Amendment

text: s

text: prohibition

text: of

text: unreasonable

text: searches

text: and

text: seizures

text: to

text: a

text: st

text: century

text: surveillance

text: technique

text: the

text: use

text: of

text: a

text: Global

text: Po

text: sitioning

text: System

text: GPS

text: device

text: to

text: monitor

text: a

text: vehicle

text: s

text: move

text: ments

text: for

text: an

text: extended

text: period

text: of

text: time

text: Ironically

text: the

text: Court

text: has

text: chosen

text: to

text: decide

text: this

text: case

text: based

text: on

text: th

text: century

text: tort

text: law

text: By

text: attaching

text: a

text: small

text: GPS

text: device

text: to

text: the

text: underside

text: of

text: the

text: vehicle

text: that

text: respondent

text: drove

text: the

text: law

text: enforcement

text: officers

text: in

text: this

text: case

text: engaged

text: in

text: conduct

text: that

text: might

text: have

text: provided

text: grounds

text: in

text: for

text: a

text: suit

text: for

text: trespass

text: to

text: chattels

text: And

text: for

text: this

text: reason

text: the

text: Court

text: concludes

text: the

text: installation

text: and

text: use

text: of

text: the

text: GPS

text: device

text: constituted

text: a

text: search

text: Ante

text: at

text: This

text: holding

text: in

text: my

text: judgment

text: is

text: unwise

text: It

text: strains

text: the

text: language

text: of

text: the

text: Fourth

text: Amendment

text: it

text: has

text: little

text: if

text: any

text: support

text: in

text: current

text: Fourth

text: Amendment

text: case

text: law

text: and

text: it

text: is

text: highly

text: artificial

text: I

text: would

text: analyze

text: the

text: question

text: presented

text: in

text: this

text: case

text: by

text: asking

text: whether

text: respondent

text: s

text: reasonable

text: expectations

text: of

text: privacy

text: were

text: violated

text: by

text: the

text: long

text: term

text: monitoring

text: of

text: the

text: movements

text: of

text: the

text: vehicle

text: he

text: drove

text: I

text: A

text: The

text: Fourth

text: Amendment

text: prohibits

text: unreasonable

text: searches

text: and

text: seizures

text: and

text: the

text: Court

text: makes

text: very

text: little

text: effort

text: to

text: explain

text: how

text: the

text: attachment

text: or

text: use

text: of

text: the

text: GPS

text: device

text: fits

text: within

text: these

text: terms

text: The

text: Court

text: does

text: not

text: contend

text: that

text: there

text: was

text: a

text: seizure

text: A

text: seizure

text: of

text: property

text: occurs

text: when

text: there

text: is

text: some

text: meaningful

text: interference

text: with

text: an

text: in

text: dividual

text: s

text: possessory

text: interests

text: in

text: that

text: property

text: United

text: States

text: v

text: Jacobsen

text: U

text: S

text: and

text: here

text: there

text: was

text: Indeed

text: the

text: success

text: of

text: the

text: surveillance

text: technique

text: that

text: the

text: officers

text: employed

text: was

text: dependent

text: on

text: the

text: fact

text: that

text: the

text: GPS

text: did

text: not

text: interfere

text: in

text: any

text: way

text: with

text: the

text: operation

text: of

text: the

text: vehicle

text: for

text: if

text: any

text: such

text: interference

text: had

text: been

text: detected

text: the

text: device

text: might

text: have

text: been

text: discovered

text: The

text: Court

text: does

text: claim

text: that

text: the

text: installation

text: and

text: use

text: of

text: the

text: GPS

text: constituted

text: a

text: search

text: see

text: ante

text: at

text: but

text: this

text: con

text: clusion

text: is

text: dependent

text: on

text: the

text: questionable

text: proposition

text: that

text: these

text: two

text: procedures

text: cannot

text: be

text: separated

text: for

text: purposes

text: of

text: Fourth

text: Amendment

text: analysis

text: If

text: these

text: two

text: procedures

text: are

text: analyzed

text: separately

text: it

text: is

text: not

text: at

text: all

text: clear

text: from

text: the

text: Court

text: s

text: opinion

text: why

text: either

text: should

text: be

text: regarded

text: as

text: a

text: search

text: It

text: is

text: clear

text: that

text: the

text: attachment

text: of

text: the

text: GPS

text: device

text: was

text: not

text: itself

text: a

text: search

text: if

text: the

text: device

text: had

text: not

text: functioned

text: or

text: if

text: the

text: officers

text: had

text: not

text: used

text: it

text: no

text: information

text: would

text: have

text: been

text: obtained

text: And

text: the

text: Court

text: does

text: not

text: contend

text: that

text: the

text: use

text: of

text: the

text: device

text: constituted

text: a

text: search

text: either

text: On

text: the

text: contrary

text: the

text: Court

text: accepts

text: the

text: holding

text: in

text: United

text: States

text: v

text: Knotts

text: U

text: S

text: that

text: the

text: use

text: of

text: a

text: surreptitiously

text: planted

text: electronic

text: device

text: to

text: monitor

text: a

text: vehicle

text: s

text: movements

text: on

text: public

text: roads

text: did

text: not

text: amount

text: to

text: a

text: search

text: See

text: ante

text: at

text: The

text: Court

text: argues

text: and

text: I

text: agree

text: that

text: we

text: must

text: assur

text: e

text: preservation

text: of

text: that

text: degree

text: of

text: privacy

text: against

text: government

text: that

text: existed

text: when

text: the

text: Fourth

text: Amendment

text: was

text: adopted

text: Ante

text: at

text: quoting

text: Kyllo

text: v

text: United

text: States

text: U

text: S

text: But

text: it

text: is

text: almost

text: impossible

text: to

text: think

text: of

text: late

text: th

text: century

text: situations

text: that

text: are

text: analogous

text: to

text: what

text: took

text: place

text: in

text: this

text: case

text: Is

text: it

text: possible

text: to

text: imagine

text: a

text: case

text: in

text: which

text: a

text: constable

text: secreted

text: himself

text: somewhere

text: in

text: a

text: coach

text: and

text: remained

text: there

text: for

text: a

text: period

text: of

text: time

text: in

text: order

text: to

text: monitor

text: the

text: movements

text: of

text: the

text: coach

text: s

text: owner

text: The

text: Court

text: s

text: theory

text: seems

text: to

text: be

text: that

text: the

text: concept

text: of

text: a

text: search

text: as

text: originally

text: un

text: derstood

text: comprehended

text: any

text: technical

text: trespass

text: that

text: led

text: to

text: the

text: gathering

text: of

text: evidence

text: but

text: we

text: know

text: that

text: this

text: is

text: in

text: correct

text: At

text: common

text: law

text: any

text: unauthorized

text: intrusion

text: on

text: private

text: property

text: was

text: actionable

text: see

text: Prosser

text: Keeton

text: but

text: a

text: trespass

text: on

text: open

text: fields

text: as

text: opposed

text: to

text: the

text: curtilage

text: of

text: a

text: home

text: does

text: not

text: fall

text: within

text: the

text: scope

text: of

text: the

text: Fourth

text: Amendment

text: because

text: private

text: property

text: outside

text: the

text: curtilage

text: is

text: not

text: part

text: of

text: a

text: hous

text: e

text: within

text: the

text: meaning

text: of

text: the

text: Fourth

text: Amendment

text: See

text: Oliver

text: v

text: United

text: States

text: U

text: S

text: Hester

text: v

text: United

text: States

text: U

text: S

text: B

text: The

text: Court

text: s

text: reasoning

text: in

text: this

text: case

text: is

text: very

text: similar

text: to

text: that

text: in

text: the

text: Court

text: s

text: early

text: decisions

text: involving

text: wiretapping

text: and

text: electronic

text: eavesdropping

text: namely

text: that

text: a

text: technical

text: trespass

text: followed

text: by

text: the

text: gathering

text: of

text: evidence

text: constitutes

text: a

text: search

text: In

text: the

text: early

text: electronic

text: surveillance

text: cases

text: the

text: Court

text: concluded

text: that

text: a

text: Fourth

text: Amendment

text: search

text: occurred

text: when

text: private

text: conversations

text: were

text: monitored

text: as

text: a

text: result

text: of

text: an

text: unauthorized

text: physical

text: penetration

text: into

text: the

text: premises

text: occupied

text: by

text: the

text: defendant

text: Silverman

text: v

text: United

text: States

text: U

text: S

text: In

text: Silverman

text: police

text: officers

text: listened

text: to

text: conversations

text: in

text: an

text: attached

text: home

text: by

text: inserting

text: a

text: spike

text: mike

text: through

text: the

text: wall

text: that

text: this

text: house

text: shared

text: with

text: the

text: vacant

text: house

text: next

text: door

text: Id

text: at

text: This

text: procedure

text: was

text: held

text: to

text: be

text: a

text: search

text: because

text: the

text: mike

text: made

text: contact

text: with

text: a

text: heating

text: duct

text: on

text: the

text: other

text: side

text: of

text: the

text: wall

text: and

text: thus

text: usurp

text: ed

text: an

text: integral

text: part

text: of

text: the

text: premises

text: Id

text: at

text: By

text: contrast

text: in

text: cases

text: in

text: which

text: there

text: was

text: no

text: trespass

text: it

text: was

text: held

text: that

text: there

text: was

text: no

text: search

text: Thus

text: in

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: the

text: Court

text: found

text: that

text: the

text: Fourth

text: Amendment

text: did

text: not

text: apply

text: because

text: t

text: he

text: taps

text: from

text: house

text: lines

text: were

text: made

text: in

text: the

text: streets

text: near

text: the

text: houses

text: Id

text: at

text: Similarly

text: the

text: Court

text: concluded

text: that

text: no

text: search

text: occurred

text: in

text: Goldman

text: v

text: United

text: States

text: U

text: S

text: where

text: a

text: detectaphone

text: was

text: placed

text: on

text: the

text: outer

text: wall

text: of

text: defendant

text: s

text: office

text: for

text: the

text: purpose

text: of

text: overhearing

text: conversations

text: held

text: within

text: the

text: room

text: This

text: trespass

text: based

text: rule

text: was

text: repeatedly

text: criticized

text: In

text: Olmstead

text: Justice

text: Brandeis

text: wrote

text: that

text: it

text: was

text: immaterial

text: where

text: the

text: physical

text: connection

text: with

text: the

text: telephone

text: wires

text: was

text: made

text: U

text: S

text: at

text: dissenting

text: opinion

text: Al

text: though

text: a

text: private

text: conversation

text: transmitted

text: by

text: wire

text: did

text: not

text: fall

text: within

text: the

text: literal

text: words

text: of

text: the

text: Fourth

text: Amendment

text: he

text: argued

text: the

text: Amendment

text: should

text: be

text: understood

text: as

text: prohibiting

text: every

text: unjustifiable

text: intrusion

text: by

text: the

text: government

text: upon

text: the

text: privacy

text: of

text: the

text: individual

text: Id

text: at

text: See

text: also

text: e

text: g

text: Silverman

text: supra

text: at

text: Douglas

text: J

text: concurring

text: The

text: concept

text: of

text: an

text: unauthorized

text: physical

text: penetration

text: into

text: the

text: premises

text: on

text: which

text: the

text: present

text: decision

text: rests

text: seems

text: to

text: me

text: beside

text: the

text: point

text: Was

text: not

text: the

text: wrong

text: done

text: when

text: the

text: intimacies

text: of

text: the

text: home

text: were

text: tapped

text: recorded

text: or

text: revealed

text: The

text: depth

text: of

text: the

text: penetration

text: of

text: the

text: electronic

text: device

text: even

text: the

text: degree

text: of

text: its

text: remoteness

text: from

text: the

text: inside

text: of

text: the

text: house

text: is

text: not

text: the

text: measure

text: of

text: the

text: injury

text: Goldman

text: supra

text: at

text: Murphy

text: J

text: dissenting

text: T

text: he

text: search

text: of

text: one

text: s

text: home

text: or

text: office

text: no

text: longer

text: requires

text: physical

text: entry

text: for

text: science

text: has

text: brought

text: forth

text: far

text: more

text: effective

text: devices

text: for

text: the

text: invasion

text: of

text: a

text: person

text: s

text: privacy

text: than

text: the

text: direct

text: and

text: obvious

text: methods

text: of

text: oppression

text: which

text: were

text: detested

text: by

text: our

text: forebears

text: and

text: which

text: inspired

text: the

text: Fourth

text: Amendment

text: Katz

text: v

text: United

text: States

text: U

text: S

text: finally

text: did

text: away

text: with

text: the

text: old

text: approach

text: holding

text: that

text: a

text: trespass

text: was

text: not

text: required

text: for

text: a

text: Fourth

text: Amendment

text: violation

text: Katz

text: in

text: volved

text: the

text: use

text: of

text: a

text: listening

text: device

text: that

text: was

text: attached

text: to

text: the

text: outside

text: of

text: a

text: public

text: telephone

text: booth

text: and

text: that

text: allowed

text: police

text: officers

text: to

text: eavesdrop

text: on

text: one

text: end

text: of

text: the

text: target

text: s

text: phone

text: conversation

text: This

text: procedure

text: did

text: not

text: physically

text: intrude

text: on

text: the

text: area

text: occupied

text: by

text: the

text: target

text: but

text: the

text: Katz

text: Court

text: repudiate

text: ed

text: the

text: old

text: doctrine

text: Rakas

text: v

text: Illinois

text: U

text: S

text: and

text: held

text: that

text: t

text: he

text: fact

text: that

text: the

text: electronic

text: device

text: employed

text: did

text: not

text: happen

text: to

text: penetrate

text: the

text: wall

text: of

text: the

text: booth

text: can

text: have

text: no

text: constitutional

text: significance

text: U

text: S

text: at

text: T

text: he

text: reach

text: of

text: th

text: e

text: Fourth

text: Amendment

text: cannot

text: turn

text: upon

text: the

text: presence

text: or

text: absence

text: of

text: a

text: physical

text: intrusion

text: into

text: any

text: given

text: enclosure

text: see

text: Rakas

text: supra

text: at

text: describing

text: Katz

text: as

text: holding

text: that

text: the

text: ca

text: pacity

text: to

text: claim

text: the

text: protection

text: for

text: the

text: Fourth

text: Amendment

text: depends

text: not

text: upon

text: a

text: property

text: right

text: in

text: the

text: invaded

text: place

text: but

text: upon

text: whether

text: the

text: person

text: who

text: claims

text: the

text: protection

text: of

text: the

text: Amendment

text: has

text: a

text: legitimate

text: expectation

text: of

text: privacy

text: in

text: the

text: invaded

text: place

text: Kyllo

text: supra

text: at

text: We

text: have

text: since

text: decoupled

text: violation

text: of

text: a

text: person

text: s

text: Fourth

text: Amendment

text: rights

text: from

text: trespassory

text: violation

text: of

text: his

text: property

text: What

text: mattered

text: the

text: Court

text: now

text: held

text: was

text: whether

text: the

text: conduct

text: at

text: issue

text: violated

text: the

text: privacy

text: upon

text: which

text: the

text: defendant

text: justifiably

text: relied

text: while

text: using

text: the

text: telephone

text: booth

text: Katz

text: supra

text: at

text: Under

text: this

text: approach

text: as

text: the

text: Court

text: later

text: put

text: it

text: when

text: addressing

text: the

text: relevance

text: of

text: a

text: technical

text: trespass

text: an

text: actual

text: trespass

text: is

text: neither

text: necessary

text: nor

text: sufficient

text: to

text: establish

text: a

text: constitutional

text: violation

text: United

text: States

text: v

text: Karo

text: U

text: S

text: emphasis

text: added

text: Ibid

text: Compar

text: ing

text: Katz

text: v

text: United

text: States

text: U

text: S

text: no

text: trespass

text: but

text: Fourth

text: Amendment

text: violation

text: with

text: Oliver

text: v

text: United

text: States

text: U

text: S

text: trespass

text: but

text: no

text: Fourth

text: Amendment

text: violation

text: In

text: Oliver

text: the

text: Court

text: wrote

text: The

text: existence

text: of

text: a

text: property

text: right

text: is

text: but

text: one

text: element

text: in

text: determining

text: whether

text: expectations

text: of

text: privacy

text: are

text: legitimate

text: The

text: premise

text: that

text: property

text: interests

text: control

text: the

text: right

text: of

text: the

text: Government

text: to

text: search

text: and

text: seize

text: has

text: been

text: discredited

text: Katz

text: U

text: S

text: at

text: quoting

text: Warden

text: v

text: Hayden

text: U

text: S

text: some

text: internal

text: quotation

text: marks

text: omitted

text: U

text: S

text: at

text: II

text: The

text: majority

text: suggests

text: that

text: two

text: post

text: Katz

text: decisions

text: Soldal

text: v

text: Cook

text: County

text: U

text: S

text: and

text: Alderman

text: v

text: United

text: States

text: U

text: S

text: show

text: that

text: a

text: technical

text: trespass

text: is

text: sufficient

text: to

text: establish

text: the

text: existence

text: of

text: a

text: search

text: but

text: they

text: provide

text: little

text: support

text: In

text: Soldal

text: the

text: Court

text: held

text: that

text: towing

text: away

text: a

text: trailer

text: home

text: without

text: the

text: owner

text: s

text: consent

text: constituted

text: a

text: seizure

text: even

text: if

text: this

text: did

text: not

text: invade

text: the

text: occupants

text: personal

text: privacy

text: But

text: in

text: the

text: present

text: case

text: the

text: Court

text: does

text: not

text: find

text: that

text: there

text: was

text: a

text: seizure

text: and

text: it

text: is

text: clear

text: that

text: occurred

text: In

text: Alderman

text: the

text: Court

text: held

text: that

text: the

text: Fourth

text: Amendment

text: rights

text: of

text: homeowners

text: were

text: implicated

text: by

text: the

text: use

text: of

text: a

text: surreptitiously

text: planted

text: listening

text: device

text: to

text: monitor

text: third

text: party

text: conversations

text: that

text: occurred

text: within

text: their

text: home

text: See

text: U

text: S

text: at

text: Alderman

text: is

text: best

text: understood

text: to

text: mean

text: that

text: the

text: homeowners

text: had

text: a

text: legitimate

text: expectation

text: of

text: privacy

text: in

text: all

text: conversations

text: that

text: took

text: place

text: under

text: their

text: roof

text: See

text: Rakas

text: U

text: S

text: at

text: n

text: citing

text: Alderman

text: for

text: the

text: proposition

text: that

text: the

text: Court

text: has

text: not

text: altogether

text: abandoned

text: use

text: of

text: property

text: concepts

text: in

text: determining

text: the

text: presence

text: or

text: absence

text: of

text: the

text: privacy

text: interests

text: protected

text: by

text: that

text: Amendment

text: U

text: S

text: at

text: Powell

text: J

text: concurring

text: citing

text: Alderman

text: for

text: the

text: proposition

text: that

text: property

text: rights

text: reflect

text: society

text: s

text: explicit

text: recognition

text: of

text: a

text: person

text: s

text: au

text: thority

text: to

text: act

text: as

text: he

text: wishes

text: in

text: certain

text: areas

text: and

text: there

text: fore

text: should

text: be

text: considered

text: in

text: determining

text: whether

text: an

text: individual

text: s

text: expectations

text: of

text: privacy

text: are

text: reasonable

text: Karo

text: supra

text: at

text: Stevens

text: J

text: concurring

text: in

text: part

text: and

text: dissenting

text: in

text: part

text: citing

text: Alderman

text: in

text: support

text: of

text: the

text: proposition

text: that

text: a

text: homeowner

text: has

text: a

text: reasonable

text: expectation

text: of

text: privacy

text: in

text: the

text: contents

text: of

text: his

text: home

text: including

text: items

text: owned

text: by

text: others

text: In

text: sum

text: the

text: majority

text: is

text: hard

text: pressed

text: to

text: find

text: support

text: in

text: post

text: Katz

text: cases

text: for

text: its

text: trespass

text: based

text: theory

text: III

text: Disharmony

text: with

text: a

text: substantial

text: body

text: of

text: existing

text: case

text: law

text: is

text: only

text: one

text: of

text: the

text: problems

text: with

text: the

text: Court

text: s

text: approach

text: in

text: this

text: case

text: I

text: will

text: briefly

text: note

text: four

text: others

text: First

text: the

text: Court

text: s

text: reasoning

text: largely

text: disregards

text: what

text: is

text: really

text: important

text: the

text: use

text: of

text: a

text: GPS

text: for

text: the

text: purpose

text: of

text: long

text: term

text: tracking

text: and

text: instead

text: attaches

text: great

text: significance

text: to

text: something

text: that

text: most

text: would

text: view

text: as

text: relatively

text: minor

text: attaching

text: to

text: the

text: bottom

text: of

text: a

text: car

text: a

text: small

text: light

text: object

text: that

text: does

text: not

text: interfere

text: in

text: any

text: way

text: with

text: the

text: car

text: s

text: operation

text: Attaching

text: such

text: an

text: object

text: is

text: generally

text: regarded

text: as

text: so

text: trivial

text: that

text: it

text: does

text: not

text: provide

text: a

text: basis

text: for

text: recovery

text: under

text: modern

text: tort

text: law

text: See

text: Prosser

text: Keeton

text: at

text: harmless

text: or

text: trivial

text: contact

text: with

text: personal

text: property

text: not

text: actionable

text: D

text: Dobbs

text: Law

text: of

text: Torts

text: same

text: But

text: under

text: the

text: Court

text: s

text: reasoning

text: this

text: conduct

text: may

text: violate

text: the

text: Fourth

text: Amendment

text: By

text: contrast

text: if

text: long

text: term

text: monitoring

text: can

text: be

text: accomplished

text: without

text: committing

text: a

text: technical

text: trespass

text: suppose

text: for

text: example

text: that

text: the

text: Federal

text: Government

text: required

text: or

text: persuaded

text: auto

text: manufacturers

text: to

text: include

text: a

text: GPS

text: tracking

text: device

text: in

text: every

text: car

text: the

text: Court

text: s

text: theory

text: would

text: provide

text: no

text: protection

text: Second

text: the

text: Court

text: s

text: approach

text: leads

text: to

text: incongruous

text: results

text: If

text: the

text: police

text: attach

text: a

text: GPS

text: device

text: to

text: a

text: car

text: and

text: use

text: the

text: device

text: to

text: follow

text: the

text: car

text: for

text: even

text: a

text: brief

text: time

text: under

text: the

text: Court

text: s

text: theory

text: the

text: Fourth

text: Amendment

text: applies

text: But

text: if

text: the

text: police

text: follow

text: the

text: same

text: car

text: for

text: a

text: much

text: longer

text: period

text: using

text: unmarked

text: cars

text: and

text: aerial

text: assistance

text: this

text: tracking

text: is

text: not

text: subject

text: to

text: any

text: Fourth

text: Amendment

text: constraints

text: In

text: the

text: present

text: case

text: the

text: Fourth

text: Amendment

text: applies

text: the

text: Court

text: concludes

text: because

text: the

text: officers

text: installed

text: the

text: GPS

text: device

text: after

text: respondent

text: s

text: wife

text: to

text: whom

text: the

text: car

text: was

text: registered

text: turned

text: it

text: over

text: to

text: respondent

text: for

text: his

text: exclusive

text: use

text: See

text: ante

text: at

text: But

text: if

text: the

text: GPS

text: had

text: been

text: attached

text: prior

text: to

text: that

text: time

text: the

text: Court

text: s

text: theory

text: would

text: lead

text: to

text: a

text: different

text: result

text: The

text: Court

text: proceeds

text: on

text: the

text: assumption

text: that

text: respondent

text: had

text: at

text: least

text: the

text: property

text: rights

text: of

text: a

text: bailee

text: ante

text: at

text: n

text: but

text: a

text: bailee

text: may

text: sue

text: for

text: a

text: trespass

text: to

text: chattel

text: only

text: if

text: the

text: injury

text: occurs

text: during

text: the

text: term

text: of

text: the

text: bailment

text: See

text: A

text: Am

text: Jur

text: d

text: Bailment

text: pp

text: So

text: if

text: the

text: GPS

text: device

text: had

text: been

text: installed

text: before

text: respondent

text: s

text: wife

text: gave

text: him

text: the

text: keys

text: respondent

text: would

text: have

text: no

text: claim

text: for

text: trespass

text: and

text: presumably

text: no

text: Fourth

text: Amendment

text: claim

text: either

text: Third

text: under

text: the

text: Court

text: s

text: theory

text: the

text: coverage

text: of

text: the

text: Fourth

text: Amendment

text: may

text: vary

text: from

text: State

text: to

text: State

text: If

text: the

text: events

text: at

text: issue

text: here

text: had

text: occurred

text: in

text: a

text: community

text: property

text: State

text: or

text: a

text: State

text: that

text: has

text: adopted

text: the

text: Uniform

text: Marital

text: Property

text: Act

text: respondent

text: would

text: likely

text: be

text: an

text: owner

text: of

text: the

text: vehicle

text: and

text: it

text: would

text: not

text: matter

text: whether

text: the

text: GPS

text: was

text: installed

text: before

text: or

text: after

text: his

text: wife

text: turned

text: over

text: the

text: keys

text: In

text: non

text: community

text: property

text: States

text: on

text: the

text: other

text: hand

text: the

text: registration

text: of

text: the

text: vehicle

text: in

text: the

text: name

text: of

text: respondent

text: s

text: wife

text: would

text: generally

text: be

text: regarded

text: as

text: presumptive

text: evidence

text: that

text: she

text: was

text: the

text: sole

text: owner

text: See

text: C

text: J

text: S

text: Motor

text: Vehicles

text: pp

text: Am

text: Jur

text: d

text: Automobiles

text: pp

text: Fourth

text: the

text: Court

text: s

text: reliance

text: on

text: the

text: law

text: of

text: trespass

text: will

text: present

text: particularly

text: vexing

text: problems

text: in

text: cases

text: involving

text: surveillance

text: that

text: is

text: carried

text: out

text: by

text: making

text: electronic

text: as

text: opposed

text: to

text: physical

text: contact

text: with

text: the

text: item

text: to

text: be

text: tracked

text: For

text: example

text: suppose

text: that

text: the

text: officers

text: in

text: the

text: present

text: case

text: had

text: followed

text: respondent

text: by

text: surreptitiously

text: activating

text: a

text: stolen

text: vehicle

text: detection

text: system

text: that

text: came

text: with

text: the

text: car

text: when

text: it

text: was

text: purchased

text: Would

text: the

text: sending

text: of

text: a

text: radio

text: signal

text: to

text: activate

text: this

text: system

text: constitute

text: a

text: trespass

text: to

text: chattels

text: Trespass

text: to

text: chattels

text: has

text: traditionally

text: required

text: a

text: physical

text: touching

text: of

text: the

text: property

text: See

text: Restatement

text: Second

text: of

text: Torts

text: and

text: Comment

text: e

text: and

text: Dobbs

text: supra

text: at

text: In

text: recent

text: years

text: courts

text: have

text: wrestled

text: with

text: the

text: application

text: of

text: this

text: old

text: tort

text: in

text: cases

text: involving

text: unwanted

text: electronic

text: contact

text: with

text: computer

text: systems

text: and

text: some

text: have

text: held

text: that

text: even

text: the

text: transmission

text: of

text: electrons

text: that

text: occurs

text: when

text: a

text: communication

text: is

text: sent

text: from

text: one

text: computer

text: to

text: another

text: is

text: enough

text: See

text: e

text: g

text: CompuServe

text: Inc

text: v

text: Cyber

text: Promotions

text: Inc

text: F

text: Supp

text: SD

text: Ohio

text: Thrifty

text: Tel

text: Inc

text: v

text: Bezenek

text: Cal

text: App

text: th

text: n

text: But

text: may

text: such

text: decisions

text: be

text: followed

text: in

text: applying

text: the

text: Court

text: s

text: trespass

text: theory

text: Assuming

text: that

text: what

text: matters

text: under

text: the

text: Court

text: s

text: theory

text: is

text: the

text: law

text: of

text: trespass

text: as

text: it

text: existed

text: at

text: the

text: time

text: of

text: the

text: adoption

text: of

text: the

text: Fourth

text: Amendment

text: do

text: these

text: recent

text: decisions

text: represent

text: a

text: change

text: in

text: the

text: law

text: or

text: simply

text: the

text: application

text: of

text: the

text: old

text: tort

text: to

text: new

text: situations

text: IV

text: A

text: The

text: Katz

text: expectation

text: of

text: privacy

text: test

text: avoids

text: the

text: problems

text: and

text: complications

text: noted

text: above

text: but

text: it

text: is

text: not

text: without

text: its

text: own

text: difficulties

text: It

text: involves

text: a

text: degree

text: of

text: circularity

text: see

text: Kyllo

text: U

text: S

text: at

text: and

text: judges

text: are

text: apt

text: to

text: confuse

text: their

text: own

text: expectations

text: of

text: privacy

text: with

text: those

text: of

text: the

text: hypothetical

text: reasonable

text: person

text: to

text: which

text: the

text: Katz

text: test

text: looks

text: See

text: Minnesota

text: v

text: Carter

text: U

text: S

text: Scalia

text: J

text: concurring

text: In

text: addition

text: the

text: Katz

text: test

text: rests

text: on

text: the

text: assumption

text: that

text: this

text: hypothetical

text: reasonable

text: person

text: has

text: a

text: well

text: developed

text: and

text: stable

text: set

text: of

text: privacy

text: expectations

text: But

text: technology

text: can

text: change

text: those

text: expectations

text: Dramatic

text: technological

text: change

text: may

text: lead

text: to

text: periods

text: in

text: which

text: popular

text: expectations

text: are

text: in

text: flux

text: and

text: may

text: ultimately

text: produce

text: significant

text: changes

text: in

text: popular

text: attitudes

text: New

text: technology

text: may

text: provide

text: increased

text: convenience

text: or

text: security

text: at

text: the

text: expense

text: of

text: privacy

text: and

text: many

text: people

text: may

text: find

text: the

text: tradeoff

text: worthwhile

text: And

text: even

text: if

text: the

text: public

text: does

text: not

text: welcome

text: the

text: diminution

text: of

text: privacy

text: that

text: new

text: technology

text: entails

text: they

text: may

text: eventually

text: reconcile

text: themselves

text: to

text: this

text: development

text: as

text: inevitable

text: On

text: the

text: other

text: hand

text: concern

text: about

text: new

text: intrusions

text: on

text: privacy

text: may

text: spur

text: the

text: enactment

text: of

text: legislation

text: to

text: protect

text: against

text: these

text: intrusions

text: This

text: is

text: what

text: ultimately

text: happened

text: with

text: respect

text: to

text: wiretapping

text: After

text: Katz

text: Congress

text: did

text: not

text: leave

text: it

text: to

text: the

text: courts

text: to

text: develop

text: a

text: body

text: of

text: Fourth

text: Amendment

text: case

text: law

text: governing

text: that

text: complex

text: subject

text: Instead

text: Congress

text: promptly

text: enacted

text: a

text: comprehensive

text: statute

text: see

text: U

text: S

text: C

text: ed

text: and

text: Supp

text: IV

text: and

text: since

text: that

text: time

text: the

text: regulation

text: of

text: wiretapping

text: has

text: been

text: governed

text: primarily

text: by

text: statute

text: and

text: not

text: by

text: case

text: law

text: In

text: an

text: ironic

text: sense

text: although

text: Katz

text: overruled

text: Olmstead

text: Chief

text: Justice

text: Taft

text: s

text: suggestion

text: in

text: the

text: latter

text: case

text: that

text: the

text: regulation

text: of

text: wiretapping

text: was

text: a

text: matter

text: better

text: left

text: for

text: Congress

text: see

text: U

text: S

text: at

text: has

text: been

text: borne

text: out

text: B

text: Recent

text: years

text: have

text: seen

text: the

text: emergence

text: of

text: many

text: new

text: devices

text: that

text: permit

text: the

text: monitoring

text: of

text: a

text: person

text: s

text: movements

text: In

text: some

text: locales

text: closed

text: circuit

text: television

text: video

text: monitoring

text: is

text: becoming

text: ubiquitous

text: On

text: toll

text: roads

text: automatic

text: toll

text: collection

text: systems

text: create

text: a

text: precise

text: record

text: of

text: the

text: movements

text: of

text: motorists

text: who

text: choose

text: to

text: make

text: use

text: of

text: that

text: convenience

text: Many

text: motorists

text: purchase

text: cars

text: that

text: are

text: equipped

text: with

text: devices

text: that

text: permit

text: a

text: central

text: station

text: to

text: ascertain

text: the

text: car

text: s

text: location

text: at

text: any

text: time

text: so

text: that

text: roadside

text: assistance

text: may

text: be

text: provided

text: if

text: needed

text: and

text: the

text: car

text: may

text: be

text: found

text: if

text: it

text: is

text: stolen

text: Perhaps

text: most

text: significant

text: cell

text: phones

text: and

text: other

text: wireless

text: devices

text: now

text: permit

text: wireless

text: carriers

text: to

text: track

text: and

text: record

text: the

text: location

text: of

text: users

text: and

text: as

text: of

text: June

text: it

text: has

text: been

text: reported

text: there

text: were

text: more

text: than

text: million

text: wireless

text: devices

text: in

text: use

text: in

text: the

text: United

text: States

text: For

text: older

text: phones

text: the

text: accuracy

text: of

text: the

text: location

text: information

text: depends

text: on

text: the

text: den

text: sity

text: of

text: the

text: tower

text: network

text: but

text: new

text: smart

text: phones

text: which

text: are

text: equipped

text: with

text: a

text: GPS

text: device

text: permit

text: more

text: precise

text: tracking

text: For

text: example

text: when

text: a

text: user

text: activates

text: the

text: GPS

text: on

text: such

text: a

text: phone

text: a

text: provider

text: is

text: able

text: to

text: monitor

text: the

text: phone

text: s

text: location

text: and

text: speed

text: of

text: movement

text: and

text: can

text: then

text: report

text: back

text: real

text: time

text: traffic

text: conditions

text: after

text: combining

text: crowdsourcing

text: the

text: speed

text: of

text: all

text: such

text: phones

text: on

text: any

text: particular

text: road

text: Similarly

text: phone

text: location

text: tracking

text: services

text: are

text: offered

text: as

text: social

text: tools

text: allowing

text: consumers

text: to

text: find

text: or

text: to

text: avoid

text: others

text: who

text: enroll

text: in

text: these

text: services

text: The

text: availability

text: and

text: use

text: of

text: these

text: and

text: other

text: new

text: devices

text: will

text: continue

text: to

text: shape

text: the

text: average

text: person

text: s

text: expectations

text: about

text: the

text: privacy

text: of

text: his

text: or

text: her

text: daily

text: movements

text: V

text: In

text: the

text: pre

text: computer

text: age

text: the

text: greatest

text: protections

text: of

text: privacy

text: were

text: neither

text: constitutional

text: nor

text: statutory

text: but

text: practical

text: Traditional

text: surveillance

text: for

text: any

text: extended

text: period

text: of

text: time

text: was

text: difficult

text: and

text: costly

text: and

text: therefore

text: rarely

text: undertaken

text: The

text: surveillance

text: at

text: issue

text: in

text: this

text: case

text: constant

text: monitoring

text: of

text: the

text: location

text: of

text: a

text: vehicle

text: for

text: four

text: weeks

text: would

text: have

text: required

text: a

text: large

text: team

text: of

text: agents

text: multiple

text: vehicles

text: and

text: perhaps

text: aerial

text: assistance

text: Only

text: an

text: investigation

text: of

text: unusual

text: importance

text: could

text: have

text: justified

text: such

text: an

text: expenditure

text: of

text: law

text: enforcement

text: resources

text: Devices

text: like

text: the

text: one

text: used

text: in

text: the

text: present

text: case

text: however

text: make

text: long

text: term

text: monitoring

text: relatively

text: easy

text: and

text: cheap

text: In

text: circumstances

text: involving

text: dramatic

text: technological

text: change

text: the

text: best

text: solution

text: to

text: privacy

text: concerns

text: may

text: be

text: legislative

text: See

text: e

text: g

text: Kerr

text: Mich

text: L

text: Rev

text: at

text: A

text: legislative

text: body

text: is

text: well

text: situated

text: to

text: gauge

text: changing

text: public

text: attitudes

text: to

text: draw

text: detailed

text: lines

text: and

text: to

text: balance

text: privacy

text: and

text: public

text: safety

text: in

text: a

text: comprehensive

text: way

text: To

text: date

text: however

text: Congress

text: and

text: most

text: States

text: have

text: not

text: enacted

text: statutes

text: regulating

text: the

text: use

text: of

text: GPS

text: tracking

text: technology

text: for

text: law

text: enforcement

text: purposes

text: The

text: best

text: that

text: we

text: can

text: do

text: in

text: this

text: case

text: is

text: to

text: apply

text: existing

text: Fourth

text: Amendment

text: doctrine

text: and

text: to

text: ask

text: whether

text: the

text: use

text: of

text: GPS

text: tracking

text: in

text: a

text: particular

text: case

text: involved

text: a

text: degree

text: of

text: intrusion

text: that

text: a

text: reasonable

text: person

text: would

text: not

text: have

text: anticipated

text: Under

text: this

text: approach

text: relatively

text: short

text: term

text: monitoring

text: of

text: a

text: person

text: s

text: movements

text: on

text: public

text: streets

text: accords

text: with

text: expectations

text: of

text: privacy

text: that

text: our

text: society

text: has

text: recognized

text: as

text: reasonable

text: See

text: Knotts

text: U

text: S

text: at

text: But

text: the

text: use

text: of

text: longer

text: term

text: GPS

text: monitoring

text: in

text: investigations

text: of

text: most

text: offenses

text: impinges

text: on

text: expectations

text: of

text: privacy

text: For

text: such

text: offenses

text: society

text: s

text: expectation

text: has

text: been

text: that

text: law

text: enforcement

text: agents

text: and

text: others

text: would

text: not

text: and

text: indeed

text: in

text: the

text: main

text: simply

text: could

text: not

text: secretly

text: monitor

text: and

text: catalogue

text: every

text: single

text: movement

text: of

text: an

text: individual

text: s

text: car

text: for

text: a

text: very

text: long

text: period

text: In

text: this

text: case

text: for

text: four

text: weeks

text: law

text: enforcement

text: agents

text: tracked

text: every

text: movement

text: that

text: respondent

text: made

text: in

text: the

text: vehicle

text: he

text: was

text: driving

text: We

text: need

text: not

text: identify

text: with

text: precision

text: the

text: point

text: at

text: which

text: the

text: tracking

text: of

text: this

text: vehicle

text: became

text: a

text: search

text: for

text: the

text: line

text: was

text: surely

text: crossed

text: before

text: the

text: week

text: mark

text: Other

text: cases

text: may

text: present

text: more

text: difficult

text: questions

text: But

text: where

text: uncertainty

text: exists

text: with

text: respect

text: to

text: whether

text: a

text: certain

text: period

text: of

text: GPS

text: surveillance

text: is

text: long

text: enough

text: to

text: constitute

text: a

text: Fourth

text: Amendment

text: search

text: the

text: police

text: may

text: always

text: seek

text: a

text: warrant

text: We

text: also

text: need

text: not

text: consider

text: whether

text: prolonged

text: GPS

text: monitoring

text: in

text: the

text: context

text: of

text: investigations

text: involving

text: extraordinary

text: offenses

text: would

text: similarly

text: intrude

text: on

text: a

text: constitutionally

text: protected

text: sphere

text: of

text: privacy

text: In

text: such

text: cases

text: long

text: term

text: tracking

text: might

text: have

text: been

text: mounted

text: using

text: previously

text: available

text: techniques

text: For

text: these

text: reasons

text: I

text: conclude

text: that

text: the

text: lengthy

text: monitoring

text: that

text: occurred

text: in

text: this

text: case

text: constituted

text: a

text: search

text: under

text: the

text: Fourth

text: Amendment

text: I

text: therefore

text: agree

text: with

text: the

text: majority

text: that

text: the

text: decision

text: of

text: the

text: Court

text: of

text: Appeals

text: must

text: be

text: affirmed

text: Notes

text: Although

text: the

text: record

text: does

text: not

text: reveal

text: the

text: size

text: or

text: weight

text: of

text: the

text: device

text: used

text: in

text: this

text: case

text: there

text: is

text: now

text: a

text: device

text: in

text: use

text: that

text: weighs

text: two

text: ounces

text: and

text: is

text: the

text: size

text: of

text: a

text: credit

text: card

text: Tr

text: of

text: Oral

text: Arg

text: At

text: common

text: law

text: a

text: suit

text: for

text: trespass

text: to

text: chattels

text: could

text: be

text: maintained

text: if

text: there

text: was

text: a

text: violation

text: of

text: the

text: dignitary

text: interest

text: in

text: the

text: inviolability

text: of

text: chattels

text: but

text: today

text: there

text: must

text: be

text: some

text: actual

text: damage

text: to

text: the

text: chattel

text: before

text: the

text: action

text: can

text: be

text: maintained

text: W

text: Keeton

text: D

text: Dobbs

text: R

text: Keeton

text: D

text: Owen

text: Prosser

text: Keeton

text: on

text: Law

text: of

text: Torts

text: th

text: ed

text: hereinafter

text: Prosser

text: Keeton

text: Here

text: there

text: was

text: no

text: actual

text: damage

text: to

text: the

text: vehicle

text: to

text: which

text: the

text: GPS

text: device

text: was

text: attached

text: The

text: Court

text: suggests

text: that

text: something

text: like

text: this

text: might

text: have

text: occurred

text: in

text: but

text: this

text: would

text: have

text: required

text: either

text: a

text: gigantic

text: coach

text: a

text: very

text: tiny

text: constable

text: or

text: both

text: not

text: to

text: mention

text: a

text: constable

text: with

text: incredible

text: fortitude

text: and

text: patience

text: See

text: e

text: g

text: Cal

text: Family

text: Code

text: Ann

text: West

text: See

text: Uniform

text: Marital

text: Property

text: Act

text: A

text: U

text: L

text: A

text: See

text: e

text: g

text: NPR

text: The

text: End

text: of

text: Privacy

text: http

text: www

text: npr

text: org

text: series

text: the

text: end

text: of

text: privacy

text: all

text: Internet

text: materials

text: as

text: visited

text: Jan

text: and

text: available

text: in

text: Clerk

text: of

text: Court

text: s

text: case

text: file

text: Time

text: Magazine

text: Everything

text: About

text: You

text: Is

text: Being

text: Tracked

text: Get

text: Over

text: It

text: Joel

text: Stein

text: Mar

text: Vol

text: No

text: See

text: Kerr

text: The

text: Fourth

text: Amendment

text: and

text: New

text: Technologies

text: Constitutional

text: Myths

text: and

text: the

text: Case

text: for

text: Caution

text: Mich

text: L

text: Rev

text: hereinafter

text: Kerr

text: See

text: CTIA

text: Consumer

text: Info

text: Wireless

text: Quick

text: Facts

text: http

text: www

text: ctia

text: org

text: consumer

text: info

text: index

text: cfm

text: AID

text: See

text: e

text: g

text: The

text: bright

text: side

text: of

text: sitting

text: in

text: traffic

text: Crowdsourcing

text: road

text: congestion

text: data

text: Google

text: Blog

text: http

text: googleblog

text: blogspot

text: com

text: bright

text: side

text: of

text: sitting

text: in

text: traffic

text: html

text: Even

text: with

text: a

text: radio

text: transmitter

text: like

text: those

text: used

text: in

text: United

text: States

text: v

text: Knotts

text: U

text: S

text: or

text: United

text: States

text: v

text: Karo

text: U

text: S

text: such

text: long

text: term

text: surveillance

text: would

text: have

text: been

text: exceptionally

text: demanding

text: The

text: beepers

text: used

text: in

text: those

text: cases

text: merely

text: emit

text: ted

text: periodic

text: signals

text: that

text: could

text: be

text: picked

text: up

text: by

text: a

text: radio

text: receiver

text: Knotts

text: U

text: S

text: at

text: The

text: signal

text: had

text: a

text: limited

text: range

text: and

text: could

text: be

text: lost

text: if

text: the

text: police

text: did

text: not

text: stay

text: close

text: enough

text: Indeed

text: in

text: Knotts

text: itself

text: officers

text: lost

text: the

text: signal

text: from

text: the

text: beeper

text: and

text: only

text: with

text: the

text: assistance

text: of

text: a

text: monitoring

text: device

text: located

text: in

text: a

text: helicopter

text: was

text: the

text: approximate

text: location

text: of

text: the

text: signal

text: picked

text: up

text: again

text: about

text: one

text: hour

text: later

text: Id

text: at

text: In

text: this

text: case

text: the

text: agents

text: obtained

text: a

text: warrant

text: but

text: they

text: did

text: not

text: comply

text: with

text: two

text: of

text: the

text: warrant

text: s

text: restrictions

text: They

text: did

text: not

text: install

text: the

text: GPS

text: device

text: within

text: the

text: day

text: period

text: required

text: by

text: the

text: terms

text: of

text: the

text: warrant

text: and

text: by

text: Fed

text: Rule

text: Crim

text: Proc

text: e

text: B

text: i

text: and

text: they

text: did

text: not

text: install

text: the

text: GPS

text: device

text: within

text: the

text: District

text: of

text: Columbia

text: as

text: required

text: by

text: the

text: terms

text: of

text: the

text: warrant

text: and

text: by

text: U

text: S

text: C

text: a

text: and

text: Rule

text: b

text: In

text: the

text: courts

text: below

text: the

text: Government

text: did

text: not

text: argue

text: and

text: has

text: not

text: argued

text: here

text: that

text: the

text: Fourth

text: Amendment

text: does

text: not

text: impose

text: these

text: precise

text: restrictions

text: and

text: that

text: the

text: violation

text: of

text: these

text: restrictions

text: does

text: not

text: demand

text: the

text: suppression

text: of

text: evidence

text: obtained

text: using

text: the

text: tracking

text: device

text: See

text: e

text: g

text: United

text: States

text: v

text: Gerber

text: F

text: d

text: CA

text: United

text: States

text: v

text: Burke

text: F

text: d

text: CA

text: Because

text: it

text: was

text: not

text: raised

text: that

text: question

text: is

text: not

text: before

text: us