What is the test for reasonable expectation of privacy under the Fourth Amendment?

California, United States of America


The following excerpt is from The People v. Channing, 81 Cal.App.4th 985, 97 Cal.Rptr.2d 405 (Cal. App. 2000):

"The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy." (People v. Freeman (1990) 219 Cal.App.3d 894, 900, original citations omitted.) The inquiry is two-fold: "[f]irst, has the individual manifested a subjective expectation of privacy in the object of the challenged search? Second, is society willing to recognize that expectation as reasonable?" (Ibid.) At issue in this case is the reasonableness of defendant's expectation of privacy in the area under the green tarp located outside defendant's trailer and inside the curtilage.

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