Abstract

http://ssrn.com/abstract=2154249
 


 



Jones, Drones and Homes: How Ancient Property Doctrine Can Expand Notions of Privacy


Lance Polivy


New York University School of Law

September 29, 2012


Abstract:     
This note explores the majority opinion in United States v. Jones, which held that warrantless GPS tracking of a car for 28 days was a search within the meaning of the Fourth Amendment. Since 1967 Fourth Amendment searches had been evaluated by whether the technique violated reasonable expectations of privacy. However, the majority opinion in Jones articulates a new test: whether the technique is a physical intrusion to constitutionally enumerated area, with the intent to obtain information, that would have been recognized as a search at the time of the Founding. This note faithfully applies this new test to fly-over cases (in the context of domestic drones) and trash searches to determine if the majority in Jones might alter the Court's analysis of previously settled areas of Fourth Amendment jurisprudence and expand Fourth Amendment protections. While Justice Alito’s concurrence feared that the majority opinion would constrict privacy rights, this note concludes that when the Jones holding is applied to certain categories of Fourth Amendment searches — ancient property doctrine will actually increase individual privacy protections from modern law enforcement surveillance techniques.

Number of Pages in PDF File: 34

Keywords: United States v. Jones, Fourth Amendment, Drones, Jones Property Test

working papers series


Download This Paper

Date posted: September 29, 2012 ; Last revised: March 6, 2013

Suggested Citation

Polivy, Lance, Jones, Drones and Homes: How Ancient Property Doctrine Can Expand Notions of Privacy (September 29, 2012). Available at SSRN: http://ssrn.com/abstract=2154249 or http://dx.doi.org/10.2139/ssrn.2154249

Contact Information

Lance Polivy (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
Feedback to SSRN


Paper statistics
Abstract Views: 463
Downloads: 107
Download Rank: 149,462
People who downloaded this paper also downloaded:
1. Drones and Privacy
By Timothy Takahashi

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.422 seconds