Carpenter and the Beginning of the End of Privacy

This is the best tl;dr I could make, original reduced by 89%. (I'm a bot)

Although the Court based Jones on a trespass theory, at least five justices joined onto or expressed sympathy with the proposition that police had violated a reasonable expectation of privacy.

The Court has protected privacy as a component of the Fourth Amendment since at least 1967.

In Jones, Justice Scalia wrote for a five-justice majority, choosing not to reach the question of whether the search at issue implicated any reasonable expectation of privacy.

Though Justice Gorsuch seems quirky on Fourth Amendment issues, he made clear during the oral argument in Carpenter that he would be a skeptical voice on the protection of privacy through the Constitution.

The Court has applied the doctrine to bank records, in United States v. Miller, and phone numbers dialed, in Smith v. Maryland, but it chose not to do so here, because of the extremity of the privacy invasion involved.

The four justices in dissent in Carpenter will remain four justices in dissent when Justice Kennedy's successor joins the Court.

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