The main issue in Jones was how the court would find the search unreasonable. Four leaned toward the physical invasion, and four leaned toward the comprehensive

The main issue in Jones was how the court would find the search unreasonable. Four leaned toward the physical invasion, and four leaned toward the comprehensive and permanent nature as violating reasonable expectations. Sotomayor broke the tie in favor of physical invasion solely on the basis that it was the more conservative approach, and thus the facts did not require analysis of expectations. Reading her opinion, it's strongly implied that she - or one of the other four justices - would switch sides on a case that actually raised the issue.