Dec 132011
 December 13, 2011  Posted by  Court

Orin Kerr writes:

During the oral argument a few weeks ago in United States v. Jones, Chief Justice Roberts had some very interesting questions about the Fourth Amendment’s “reasonable expectation of privacy” test. I fear that the Chief Justice’s questions may reflect a common misunderstanding of the test. In this post, I wanted to explain the Chief’s possible error, and explain how I think the reasonable expectation of privacy test is supposed to work.

 Read his commentary on The Volokh Conspiracy.

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