|Finding the right analogy can be tricky business.|
"... courts could stop looking for analogies as a descriptive measure of the intrusiveness of a particular technology under the Fourth Amendment's privacy rationale, and instead define the boundaries of privacy normatively by specifying what those boundaries should be. In other words, courts could stop defining privacy by looking to what people in the real world actually expect and instead define it by examining the level of privacy people should expect. Or courts could adopt an entirely new rationale for the Fourth Amendment that does not look to privacy at all, and define the amendment's scope by some new and different paradigm.
Only time will tell which of these paths the Supreme Court will take. Let us hope that this future gives us a satisfying and useful answer. And some hover boards."