Searches: Katz/Jones, Home, Technology, Third Parties, Dogs

Katz

A search occurs when the government violates a person's actual subjective expectation of privacy that society recognizes as objectively reasonable. Fourth Amendment protects people, not just places.

Jones

A search occurs when the government physically trespasses on a constitutionally protected area/property to obtain information. Katz privacy test did not eliminate property-based Fourth Amendment protection.

Dunn

Curtilage depends on proximity to the home, whether the area is within an enclosure, nature of use, and steps taken to protect from observation. Area outside curtilage receives less Fourth Amendment protection.

Kyllo

Using sense-enhancing technology not in general public use to obtain information about the inside of a home that otherwise would require physical intrusion is a search. Home gets maximum protection.

Knotts

Monitoring a person's movement on public roads with a beeper is not a search because there is no reasonable expectation of privacy in public travel.

Smith v. Maryland

Use of a pen register to record numbers dialed is not a search because the numbers are voluntarily conveyed to the phone company. Third-party doctrine applies.

Carpenter

Accessing historical cell-site location information is a search. Third-party doctrine does not automatically apply to deeply revealing, long-term digital location tracking.

United States v. Place

A dog sniff of luggage in a public place is not a search because it is sui generis and reveals only the presence or absence of contraband. But seizure of luggage must still be reasonable.

Jardines

Bringing a drug dog onto the front porch/curtilage of a home to investigate is a search because it exceeds the implied license to approach the door.