California, United States of America
The following excerpt is from Jones v. Su, A137942 (Cal. App. 2014):
In deciding whether a search occurred, "[t]he 'ultimate standard set forth in the Fourth Amendment is reasonableness' . . . [and] we ask two threshold questions. First, did the defendant exhibit a subjective expectation of privacy? Second, is such an expectation objectively reasonable, that is, is the expectation that one society is willing to recognize as reasonable? [Citations.]" (People v. Camacho (2000) 23 Cal.4th 824, 830-831.) Here, we will assume plaintiff exhibited a subjective expectation of privacy, in that she did not expect DLSE deputies to enter onto her private property without advance notice. We thus turn to address whether, under all the facts, her expectation of privacy was objectively reasonable.
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