New Draft Article: The Two Tests of Search Law
I recently posted to SSRN a new draft article, The Two Tests of Search Law: Reconciling Katz and Jones. Here’s the abstract:
Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts don’t know what the difference is between them, however, or whether the Jones test is based on trespass law or the mechanics of physical intrusion. The result is a remarkable conceptual uncertainty in Fourth Amendment law. Every lower court recites that there a
Article from Reason.com
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