The thing is, the originalist take on the 4th amendment is pretty much that it prohibits the government from doing, without a warrant, what would be trespass if done by a private actor. All of the stuff people want to add, like expectation of privacy in things out in the hands of third parties, or mosaic theory, are living constitution embellishments.<p>The very concept of &quot;privacy&quot; is a living constitution idea. The constitution doesn&#x27;t use the word. The 4th amendment doesn&#x27;t talk about the &quot;right to privacy&quot; the way the 1st talks about &quot;freedom of speech.&quot; It talks about searches and seizures of enumerated (tangible) things. It&#x27;s not like the framers didn&#x27;t conceive of information or records held by third parties. They were lawyers and bankers and merchants--they could easily conceive that the police might ask a shipper for records of a merchant&#x27;s shipments or an accountant for financial records.