Equilibrium Adjustment In The Florida Supreme Court

The Florida Supreme Court's recent opinion in Tracey v. State, 2014 WL 5285929 (Fla. Oct. 14, 2014), which held that police need probable cause to get real-time cell phone tracking data, is an example of Fourth Amendment equilibrium adjustment (which I've discussed here). The majority had this to say about the defendant's subjective expectation of privacy in his real-time cell phone data:

We arrive at this conclusion in part by engaging in the “normative inquiry” envisioned in Smith. See Smith, 442 U.S. at 740 n. 5, 99 S.Ct. 2577. There, the Supreme Court cautioned that where an individual's subjective expectations have been “conditioned” by influences alien to the well-recognized Fourth Amendment freedoms, a normative inquiry may be necessary to align the individual's expectations with the protections guaranteed in the Fourth Amendment.

Tracey, at *19.