Fourth Amendment Search

Question 1

Government conduct is a Fourth Amendment Search if it violates an individual’s “reasonable expectation of privacy”

Answer 1

What is the Katz test for whether government conduct is a Fourth Amendment Search

Question 2

Government conduct is a Fourth Amendment Search if

Answer 2

1. the defendant exhibited a subjective expectation of privacy in the area or item that was the object of the surveillance, and this expectation was one that society is prepared to recognize as reaonable and legitimate; or
2. law enforcement officers intruded onto a “constitutionally protected area” in order to conduct the surveillance.