society’s expectation has been that law enforcement agents and others would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual’s car for a very long period. Writs in their nature are temporary things. When the purposes for which they are issued are answered, they exist no more; but these live forever; no one can be called to account...
But these prove no more than what I before observed, that special writs may be granted on oath and probable suspicion. The act of 7 and 8 William III that the officers of the plantations shall have the same powers, etc., is confined to this sense; that an officer should show probable ground; should take his oath of it; should do this before a magistrate; and that such magistrate, if he think proper, should issue a special warrant to a constable to search the places.
As Justice Sotomayor noted in United States v. Jones, logging a vehicle's public movements "reflects a wealth of detail about her familial, political, professional, religious, and sexual associations." An action revealing all this is ipso facto a search; and Flock performs this search in the very absence of a specific warrant that Adams so vehemently opposed. A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, 'what [a person] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.'
Being present in plain view isn't equivalent to a total surrender of privacy.
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