Legal Cyber Academy
Case law repository

United States v. Jones

United States v. Antoine Jones

Court
Supreme Court of the United States (U.S. Supreme Court)
Decided
2012
Citation
565 U.S. 400 (2012)
Standard applied
Fourth Amendment — physical trespass plus information gathering
Read the full opinion565 U.S. 400 (2012) · full text on CourtListener

What the court held

Attaching a GPS tracking device to a vehicle and using it to monitor the vehicle's movements constitutes a search within the meaning of the Fourth Amendment. The Court affirmed the D.C. Circuit's reversal of a conviction that rested on twenty-eight days of warrantless GPS data.

Why

The majority rested on the physical intrusion: the government occupied private property for the purpose of obtaining information, which would have been a trespassory search at the time the Amendment was adopted. Separate concurrences reasoned instead from expectations of privacy, with Justice Sotomayor and Justice Alito writing that prolonged aggregated location monitoring is itself the constitutional problem regardless of any trespass.

We hold that the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a “search.”
United States v. Jones, 565 U.S. 400 (2012)

Our reading — not the court’s words

Why this matters in practice

Jones matters less for its trespass holding than for the five votes in concurrence that longer-term aggregated tracking invades a reasonable expectation of privacy — the reasoning Carpenter later adopted for records no one physically touched. For practitioners it is the origin point of the mosaic argument: that a sequence of individually unremarkable data points can become a search when assembled. The split rationale is also a useful reminder that the majority's theory does not reach purely digital collection.

This paragraph is Legal Cyber Academy’s editorial assessment of the decision’s practical importance. The court said none of it. For what the court actually said, read the opinion.

Additional detail

Tags: GPS tracking · mosaic theory · trespass

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