Also known as: legitimate expectations of privacy · reasonable expectation of privacy
Written by attorneys · grounded in primary & secondary sources — see below
A standard for determining whether government conduct constitutes a search under the Fourth Amendment. The inquiry requires both that the individual exhibit an actual subjective expectation of privacy and that society recognize that expectation as objectively reasonable. What a person knowingly exposes to the public receives no protection, but efforts to preserve privacy even in shared or public spaces may qualify.
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Lopez subscribed to SkyLink Mobile and used his phone daily along a freight line. Officers obtained a court order without probable cause and secured a week of his historical cell-site location data from the carrier. Lopez later moved to suppress the records in his vandalism prosecution. The court granted the motion because Lopez retained a legitimate expectation of privacy in the long-term location information even though the carrier held the records.
Lance Lee stayed overnight at his cousin's apartment with permission and a key. Officers searched the apartment without a warrant and seized evidence implicating Lee. Lee moved to suppress the items. The court granted standing because an overnight guest possesses a legitimate expectation of privacy in the host's home.
Luis Lopez entered a public phone booth, closed the door, and placed a call. Officers attached a listening device to the booth exterior without a warrant and recorded his conversations. Luis moved to suppress the evidence. The court granted the motion because Luis exhibited a legitimate expectation of privacy in the booth conversations that society recognizes as reasonable.
Lorenzo Lugo joined a conspiracy to distribute narcotics stored at a warehouse controlled by another member. Officers searched the warehouse without a warrant and seized drugs. Lugo moved to suppress the evidence at his trial. The court denied the motion because Lugo failed to show a legitimate expectation of privacy in the warehouse he neither owned nor occupied.
Landon Long was stopped on suspicion of loitering and refused to provide identification. Officers arrested him under a statute requiring disclosure. Long challenged the arrest on Fourth Amendment grounds. The court upheld the statute because Long lacked a legitimate expectation of privacy in his identity during a lawful Terry stop.
Luke Latham's residence was searched pursuant to a warrant later found to lack probable cause. Officers relied in good faith on the warrant and seized evidence. Latham moved to suppress on the ground that he held a legitimate expectation of privacy in his home. The court denied suppression because the officers' good-faith reliance rendered the search reasonable despite the underlying defect.
The test requires that the individual exhibit an actual subjective expectation of privacy and that society recognize that expectation as objectively reasonable. The first prong focuses on the person's conduct showing an intent to keep information private. The second prong asks whether that expectation aligns with societal norms.
Yes. An overnight guest generally possesses a legitimate expectation of privacy in the premises and may challenge a search under the Fourth Amendment. The guest's temporary but lawful presence supports both a subjective and objective expectation of privacy.
…(a) that an enclosed telephone booth is an area where, like a home and unlike a field, a person has a constitutionally protected reasonable expectation of privacy; (b) that electronic as well as physical intrusion into a place that is in this sense private may constitute a violation of the Fourth Amendment; and (c) that the invasion of a…
…had standing to contest the legality of the search of 716 South Sunset Canyon; that none of the respondents had established a legitimate expectation of privacy in the condominium at 7902 Via Magdalena; and that Stewart and Del Castillo each had standing to challenge the searches of their automobiles. The Government indicated that it did not intend…
…issues raised by the parties include whether § 647(e) implicates Fourth Amendment concerns, whether the individual has a legitimate expectation of privacy
…argument appears to have two prongs. On the one hand, the State urges that by shooting Officer Headricks, Mincey forfeited any reasonable expectation of privacy
…violation of his own rights. In order to have standing to assert the claim discussed herein, defendant must demonstrate a legitimate expectation of privacy
Yes. Long-term historical cell-site location information reveals pervasive details of a person's movements. Individuals retain a legitimate expectation of privacy in this data even though carriers store the records, so the government ordinarily needs a warrant supported by probable cause.
No. A person present solely for a brief commercial transaction without an overnight stay or prior relationship generally lacks a legitimate expectation of privacy and has no standing to challenge a search.