4 ms·
Kind of, like in US v. Jones and Florida v. Jardines, where the Katz definition of a search (where the reasonable expectation test comes from), was not in the m
by mikecb 12y ago
Kind of, like in US v. Jones and Florida v. Jardines, where the Katz definition of a search (where the reasonable expectation test comes from), was not in the majority, but rather a simple trespass test was used. But most importantly, at this point in the analysis, we're simply determining was this thing that the government agents did a search? If it was, and there was no warrant, then it is presumptively unreasonable. If it wasn't a search (or seizure), then the 4th amendment does not apply.