Until 1967,the U.S.Supreme Court defined searches mainly according to property law.According to the ,to qualify as a search,officers had to invade physically a "constitutionally protected area."

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The statement refers to the trespass doctrine, which was the prevailing view of Fourth Amendment jurisprudence until 1967. This doctrine held that a search only occurred when law enforcement physically trespassed on an individual's property or person. It was replaced by the reasonable expectation of privacy doctrine, which recognizes that individuals have a legitimate expectation of privacy in certain areas and items, regardless of whether they are publicly accessible.