Expectation of Privacy

Synthesis

In light of these principles, a search does not take place, for Fourth Amendment purposes, unless the government actually intrudes upon a citizen's sincerely held, objectively reasonable expectation of privacy. [See id.]

Objective Prong: Objectively Reasonable Expectation of Privacy

Not only must the defendant or suspect exhibit an actual, subjective expectation of privacy in the placed searched, but that expectation must also be objectively reasonable. Put differently, that subjective expectation must be one that society is prepared to accept as reasonable. The arbiter of what society is prepared to accept as reasonable is, generally, the Supreme Court. [See id.]

Objective Prong (2)

That subjective expectation must be one that society is prepared to accept as reasonable. The arbiter of what society is prepared to accept as reasonable is, generally, the Supreme Court.

Search Defined

The Supreme Court has laid down a two-part test for determining when there has been a search under the Fourth Amendment. The test has a subjective prong and an objective prong. Both must be satisfied in order for there to be a search. However, in short, a search arises whenever the government intrudes upon any area in which the subject has a sincerely held expectation of privacy, which society is prepared to recognize as objectively reasonable. [See Cali. v. Greenwood, 486 U.S. 35 (1988)]

Subjective prong (2)

The person asserting a Fourth Amendment violation must demonstrate that he had an actual, subjective expectation of privacy with respect to the place searched.

Subjective Prong: Sincere Expectation of Privacy

The person asserting a Fourth Amendment violation must demonstrate that he had an actual, subjective expectation of privacy with respect to the place searched. [Id.]

The 4th Amendment protects us from unreasonable searches and seizures. In determining whether police conduct constitutes a search, we must look to whether there was a reasonable expectation of privacy in the place/area that was searched.

To determine whether there was a reasonable expectation of privacy, we must look to whether there was a subjective expectation of privacy and an objective expectation of privacy.

Objective Prong

To evaluate whether there is an objective expectation of privacy, we look to whether society as a whole will likely acknowledge and accept that there is an expectation of privacy in a particular place under particular circumstances.

Subjective Prong

To evaluate whether there was a subjective expectation of privacy, we look to what a person has done to effectively tell the world or demonstrate that he believes he expects privacy in the area.