A Content Analysis of Post-Jones “Search” Cases: Does a New “Search” Test Matter ?

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Abstract

This paper examines lower federal court cases providing significant treatment to the U.S. Supreme Court case of United States v. Jones, which revised the legal standard for what constitutes a Fourth Amendment "search" by police. In particular, the paper assesses the impact, if any, the new standard has on judicial determination of the "search" question. For example, the paper aims to ascertain whether the change in the "search" standard --- from one solely focused on privacy to one focused on both privacy and property notions --- has had any impact on the likelihood that lower federal court judges will find that a police "search" has occurred. Finally, the paper explains what Fourth Amendment "search" standard these judges are in fact relying upon after Jones: privacy, property or some combination of the two.

Author

• Christopher Totten, Kennesaw State University