I’ve posted a revised draft of my forthcoming article, The Two Exams of Search Regulation: What’s the Jones Take a look at, and What Does That Say About Katz?, which can be printed within the Washington College Regulation Overview.  You’ll be able to obtain it right here, and the summary is beneath.

Fourth Modification regulation has two “search” assessments: The Katz privateness check and the Jones property check. Decrease courts do not know what the distinction is between them, nonetheless, or whether or not the Jones check is predicated on trespass regulation or the mechanics of bodily intrusion. The result’s a exceptional conceptual uncertainty in Fourth Modification regulation. Each decrease courtroom recites that there are two search assessments, however nobody is aware of what one check means or the way it pertains to the opposite.

This Article argues that the Jones check hinges on bodily intrusion, not trespass regulation.  Jones claimed to revive a pre-Katz search check, and an in depth have a look at litigation each earlier than Katz and after Jones exhibits an unbroken line adopting an intrusion commonplace and (the place it has arisen) rejecting a trespass commonplace. This understanding of Jones isn’t solely traditionally appropriate, but additionally normatively vital. How we perceive Jones tells us learn how to perceive Katz. The intrusion method presents an interesting interpretation of each assessments that will stop Katz‘s rejection by a Supreme Court docket in any other case inclined to overturn it.