Katz--Reasonable Expectation of Privacy

Katz--Reasonable Expectation of Privacy Test

4A search occurs when gov't violates expectation of privacy that • (1) you actually have (subjective) • (2) that society is prepared to recognize as reasonable (objective) Old test=trespass—must be actual, physical intrusion upon constitutionally protected area

Observable from public place

Ciralo One has no reasonable expectation of privacy in what is observable from a "public vantage point" where person has a right to be and which renders activities clearly visible • Right to be, right to see Holding—even IF subjective manifestation of privacy, not reasonable b/c could see from airspace—knowingly exposed to public

3rd Person Doctrine

Hoffa What you tell another person is not private and cannot be counted on to remain private—even if that person is undercover and doesn't disclose identity to you. EVEN if conversation takes place in home White No reasonable expectation of privacy in what you tell another person. You assume risk of friend being an informant or wearing wire.

Driving on public thoroughfares

Knotts A person traveling in automobile on public thoroughfares has no reasonable expectation of privacy in movements from 1 place to another Addendum • Use of a beeper does not alter rule—can use it to aid officer's ordinary sensory faculties

Financial records

Miller No reasonable expectation of privacy in financial records voluntarily conveyed to bank and accessible to employees during routine job

Curtilage

Oliver --CURTILAGE is covered against physical trespass Dunn 4 Factors to determine if curtilage • Proximity to house • Inclusion in an enclosure (nearest to the house) • Nature of the uses to which area is put • Steps taken to protect area from observation

Open Fields

Oliver --So called open fields not subject to 4A protection—trespass not a search • Either as matter of Const (not person, home, papers, or effects) NOR under Katz reasonable expectations test

Dog Sniff

Place Dog Sniff—not a search because • Non-intrusive AND • Only geared towards finding contraband Sui generis—one of a kind

Garbage

Riley If you put garbage on curb for pickup, you have no reasonable expectation of privacy in it 3rd party doctrine • Those things given to 3P, you have no reasonable expectation of privacy to it

Dialed Phone Number

Smith No reasonable expectation of privacy in phone numbers dialed o 3P Doctrine—gave info to phone company—they need to have the number to connect you