How have the challenged provisions of the Fourth Amendment been interpreted in the context of a search warrant application?

The first question raised by plaintiffs Fourth Amendment claim is whether the challenged provisions effect a "search." A Fourth Amendment search occurs when the government either physically intrudes upon "persons, houses, papers, [or] effects" or invades "a person's reasonable expectation of privacy " in one of the constitutionally enumerated areas. United States v. Jones , 565 U.S. 400, 40506, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (quoting Katz v. United States , 389 U.S. 347, 360, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967) ). With respect to searches of "papers," we need not decide whether the Fourth Amendment is implicated only by a physical inspection of the documents themselves. Even if the Fourth Amendment is implicated by certain non-physical intrusions, in that context the plaintiff must have a reasonable expectation of privacy in the contents of the documents before the government's conduct can be deemed a Fourth Amendment "search." And here, as the district court held, plaintiffs failed to adequately allege that they have a reasonable expectation of privacy in the information contained in the business records at issue.³