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

California, United States of America


The following excerpt is from People v. Snyder, C060419 (Cal. App. 10/28/2009), C060419 (Cal. App. 2009):

"`[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable; i.e., one that has "a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society."' [Citation.] `In other words, the defendant must show that he or she had a subjective expectation of privacy that was objectively reasonable.' [Citation.]" (People v. Ayala (2000) 23 Cal.4th 225, 255; see also People v. Hoag (2000) 83 Cal.App.4th 1198, 1203.)

Thus, in deciding whether defendant demonstrated a reasonable expectation of privacy, the court must consider whether defendant (1) had a property or possessory interest in the place searched, (2) had the right to exclude others from that place, (3) had shown the subjective expectation that the place would remain free from governmental invasion, (4) took normal precautions to maintain his privacy, and (5) was legitimately on the premises. (People v. Roybal (1998) 19 Cal.4th 481, 507.)

Other Questions


Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment? (California, United States of America)
What is the test for reasonable expectation of privacy in a Fourth Amendment search and seizure? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
Does a supervising judge's finding of necessity not contravene section 629.52, subdivision (d) of the Fourth Amendment or Fourth Amendment? (California, United States of America)
Can a search or seizure under the Fourth Amendment be conducted without reasonable reason? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply? (California, United States of America)
Does a legislative modification of the salutary rule that parolees have a reduced expectation of privacy, and are subject to searches that otherwise would otherwise be invalid under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.