Q: Is tracking someone's location and going out to that specific persons location intentfully fall under the 4th Amendment?

A: It depends on how the government is tracking you.

A: The 4th Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government. Whether tracking someone's location falls under 4th Amendment protections depends on the specific circumstances.

In general, under the U.S. Supreme Court decision in Carpenter v. United States (2018), accessing historical cell site location information (CSLI) is considered a search under the 4th Amendment. This means that law enforcement would typically need a warrant supported by probable cause to obtain this data.

However, there are some exceptions and nuances:

1. Real-time location tracking: Accessing real-time location data (e.g., GPS) may require a warrant, but this area of law is still developing.

2. Third-party doctrine: If location data is voluntarily shared with a third party (e.g., a cell phone provider), it may have reduced 4th Amendment protection.

3. Exigent circumstances: In emergency situations, law enforcement may be able to access location data without a warrant.

For investigatory purposes, probable cause is generally required to obtain a warrant for location data. However, lower standards like reasonable suspicion might apply in some circumstances, such as for a brief stop or frisk.

It's important to note that while the 4th Amendment applies to government actions, California has additional privacy laws that may offer protections against private parties tracking location in certain contexts.

This is a complex area of law that is still evolving. For a complete understanding of how the law applies in a specific situation, it's best to consult with a qualified attorney.