What is the Jones Property Test, and How Is It Different From Katz?

What is the Jones Property Test, and How Is It Different From Katz?

The Washington University Law Review has just published my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?"  Here's the abstract: Fourth Amendment law has two "search" tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference is between them, however, or whether the Jones test is based on trespass law or the mechanics of physical intrusion. The re…