Search and Seizure Model Step 2

Question 1

Reasonable Expectation of Privacy?

Answer 1

If there is no expectation of privacy, the action is not challengable under the 4th Amendment.

If there is a reasonable expectation of privacy move onto Step 3

Question 2

Automatic Standing/Expectation of Privacy

Answer 2

Owner premise searched, Live on premise searched, Overnight guest of premise searched, if you own property siezed (only if you had reasonable expecation of privacy in the item or area searched)

Question 3

No Standing/No Expectation of Privacy

Answer 3

Sound of your voice, handwriting, paint outside your car, accounts held by bank, monitoring location of car on public street or driveway, anything seen across open fields/public airspace, order emanating from luggage, garbage set out on curb for pickup.