Daren W. Phillips v. United States
FourthAmendment Privacy JusticiabilityDoctri
Whether a wholly privacy-based exception to the Fourth Amendment's search warrant requirement can apply to exempt the government's search when it is accomplished by physical trespass
Question Presented An unwarranted governmental intrusion into a constitutionally protected area violates the Fourth Amendment’s proscription of unreasonable searches if it either (1) infringes on an individual’s reasonable expectation of privacy, Katz v. United States, 389 U.S. 347 (1967), or (2) amounts to a physical trespass onto an individual’s property to obtain information, United States v. Jones, 565 U.S. 400 (2012). The question presented is whether a wholly privacy-based exception to the Fourth Amendment’s search warrant requirement, premised on the notion that an initial private search of a person’s effect can fully frustrate his expectation of privacy such that a subsequent government search of the same effect does not infringe any legitimate privacy interest, can apply to exempt the government’s search when it is accomplished by physical trespass. i