4th Amendment Reasonable Expectation of Privacy

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What is the two part test when it comes to REP?

1. Subjective component -- when you personally believe that an item or an area has been concealed from public view 2. Objective test -- society has to agree that what I am doing to conceal something is reasonable, that I have taken appropriate steps to conceal something from public view

Where do people have the highest REP?

People have a very high REP in their body and in their homes. To search those places, officers normally need a warrant, supported by probable cause.

What is a reasonable expectation of privacy ("REP")?

REP exists in a place where someone exhibits an actual expectation of privacy that society recognizes as reasonable.


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