Cite as: 585 U. S. ____ (2018)
9
Opinion of the Court
SOTOMAYOR, J.).2
In a second set of decisions, the Court has drawn a line
between what a person keeps to himself and what he
shares with others. We have previously held that “a person has no legitimate expectation of privacy in information
he voluntarily turns over to third parties.” Smith, 442
U. S., at 743–744. That remains true “even if the information is revealed on the assumption that it will be used
only for a limited purpose.” United States v. Miller, 425
U. S. 435, 443 (1976). As a result, the Government is
typically free to obtain such information from the recipient
without triggering Fourth Amendment protections.
This third-party doctrine largely traces its roots to
Miller. While investigating Miller for tax evasion, the
Government subpoenaed his banks, seeking several
months of canceled checks, deposit slips, and monthly
statements. The Court rejected a Fourth Amendment
challenge to the records collection. For one, Miller could
“assert neither ownership nor possession” of the documents; they were “business records of the banks.” Id., at
440. For another, the nature of those records confirmed
Miller’s limited expectation of privacy, because the checks
were “not confidential communications but negotiable
instruments to be used in commercial transactions,” and
the bank statements contained information “exposed to
——————
2 JUSTICE KENNEDY argues that this case is in a different category
from Jones and the dragnet-type practices posited in Knotts because the
disclosure of the cell-site records was subject to “judicial authorization.”
Post, at 14–16. That line of argument conflates the threshold question
whether a “search” has occurred with the separate matter of whether
the search was reasonable. The subpoena process set forth in the
Stored Communications Act does not determine a target’s expectation
of privacy. And in any event, neither Jones nor Knotts purported to
resolve the question of what authorization may be required to conduct
such electronic surveillance techniques. But see Jones, 565 U. S., at
430 (ALITO, J., concurring in judgment) (indicating that longer term
GPS tracking may require a warrant).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos