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Jones Opinion Issued

23 Jan

One of the biggest 4th amendment cases in years. Sotomayor hints at a substantial change to the Katz framework. Namely,

it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties.

The case involved a GPS tracking device placed on car. The majority found that the placement of the device constituted a search, while the concurrence (and, sort of, Sotomayor who joined the majority but wrote a separate concurrence) based their opinion on a reasonable expectation of privacy and would have suppressed the evidence even if there had been no physical trespass to place the device.

Seems like the Supreme Court might be preparing to create a coherent jurisprudence for search and seizure for a digital age. As Matt Drudge would say… Developing…