St. Thomas Law Review
First Page
116
Document Type
Article
Abstract
This article explores the Court's recent retreat from the two-part Katz test, and an unexpected shift in the considerations the Court declared it will primarily rely upon when evaluating whether a Fourth Amendment search has occurred. Part I recounts the Court's early evolutionary Fourth Amendment cases, leading to the establishment in Katz of the "reasonable expectation of privacy" test by which a Fourth Amendment violation has since been measured. Part II explores significant cases involving electronic surveillance--GPS in particular, but also electronic eavesdropping through wiretapping and other then-evolving technologies. Part III analyzes the Court's decision in United States v. Jones, the newly-minted test proposed by Justice Scalia in the majority opinion, and its potential impact on the test first formulated in Katz.
Recommended Citation
Kevin Emas,
United States v. Jones: Does Katz Still Have Nine Lives,
24
St. Thomas L. Rev.
116
(2012).
Available at:
https://scholarship.stu.edu/stlr/vol24/iss2/3