Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 19 of 29 analyze where the seizures, if any, occur and where the searches of user data take place. This requires the court to examine relevant Fourth Amendment precedent. The court recognizes that the cases discussed below address seizures and searches of physical property. However, these cases are instructive, and binding, in the absence of Supreme Court or Third Circuit caselaw addressing such issues as they pertain to the electronic world. The Fourth Amendment "protects two types of expectations, one involving 'searches' the other 'seizures."' United States v. Jacobsen, 466 U.S. 109, 113 (1984). The Amendment "protects property as well as privacy." Soldal v. Cook Cty., Ill., 506 U.S. 56, 62 (1992). "A 'search' occurs when an expectation of privacy that society is prepared to consider reasonable is infringed." Jacobsen, 466 U.S. at 113. "A 'seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. See also United States v. Jones, 132 S. Ct. 945, 958 (2012) (Alito, J., concurring) (same); California v. Hodari D., 499 U.S. 621, 624 (1991) ("From the time of the founding to the present, the word 'seizure' has meant a 'taking possession."'); Mark Taticchi, Redefining Possessory Interests: Perfect Copies oflnformation as Fourth Amendment Seizures, 78 Geo. Wash. L. Rev. 476, 477 (2010) ("Courts generally interpret possessory interest to mean physical possession, even when the property allegedly seized is intangible, like information."). 13 13 The Supreme Court has stated with respect to the distinction between a "seizure" and a "search": Although our Fourth Amendment cases sometimes refer indiscriminately to searches and seizures, there are important differences between the two . . . . The Amendment protects two different interests of the citizen - the interest in retaining possession of property and the interest in maintaining personal privacy. A seizure threatens the former, a search the latter. As a matter of timing, a seizure is usually preceded by a search, but when a container is involved the converse is 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents