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of privacy,., at 360. The Supreme Court will release orders from the. The best that we can do in this case is to apply existing Fourth Amendment doctrine and to ask whether the use of GPS tracking in a particular case involved a degree of intrusion that a reasonable person would not have anticipated. And the Governments unrestrained power to assemble data that reveal private aspects of identity is susceptible to abuse. Thus, the specific question we considered was whether the installation with the consent of the original owner constituted a search or seizure. In the early electronic surveillance cases, the Court concluded that a Fourth Amendment search occurred when private conversations were monitored as a result of an unauthorized physical penetration into the premises occupied by the defendant. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. See also Hester. In Oliver, the Court wrote: The existence of a property right is but one element in determining whether expectations of privacy are legitimate. We do not believe that Katz, by holding that the Fourth Amendment protects persons and their private conversations, was intendedto withdraw any of the protection which the Amendment extends to the home. Under this approach, as the Court later put it when addressing the relevance of a technical trespass, an actual trespass is neither necessary nor sufficient to establish a constitutional violation. United State s, 466. .

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The Government did not raise it below, and the. . 10 Only an investigation of unusual importance could have justified such an expenditure of law enforcement resources. The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the. Many motorists purchase cars that are equipped with devices that permit a central station to ascertain the cars location at any time so that roadside assistance may be provided if needed and the car may be found if it is stolen. United States, 277. . 27, 31 (2001) ; Kerr, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. That introduces yet another novelty into our jurisprudence. If the events at issue here had occurred in a community property State 4 or a State that has adopted the Uniform Marital Property Act, 5 respondent would likely be an owner of the vehicle, and it would not matter whether the GPS was installed. The Government does not make that argument, and we know of no case that would support.

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