What is the test for privacy rights in the context of the Fourth Amendment?

Majority Opinion at 714. First asking, as the majority does here, whether plaintiffs can show that they possess a reasonable expectation of privacy in the disclosed information puts the cart before the horse in a manner untethered from the language of the Fourth Amendment. See Entick v. Carrington , 19 How. St. Tr. 1029, 1066, 95 Eng. Rep. 807 (1765) ("[T]he eye cannot by the laws of England be guilty of a trespass, yet where private papers are removed and carried away, the secret nature of those goods will be an aggravation of the trespass."). What first determines whether government action that obtains information implicates the Fourth Amendment is not the nature of the information requested; it is the method and manner of the collection.⁵ Cf.

[982 F.3d 723]