What is the test to determine whether a place is a constitutionally protected area within the meaning of the Fourth Amendment?

California, United States of America


The following excerpt is from Swan v. Superior Court, 8 Cal.App.3d 392, 87 Cal.Rptr. 280 (Cal. App. 1970):

The test to be used in determining whether a place is a constitutionally protected area within the meaning of the Fourth Amendment is set forth in People v. Edwards (1969) 71 A.C. 1141, at page 1145, 80 Cal.Rptr. 633, at page 635, 458 P.2d 713, at page 715: '* * * we believe that an appropriate test is whether the person has exhibited a reasonable expectation of privacy, and, if so, whether that expectation has been violated by unreasonable governmental intrusion.' In the instant matter the owner of the dwelling house clearly demonstrated her expectation of privacy as to the interior of the house and its contents by boarding up the doorways, which were damaged by the fire. That expectation was violated by the intrusion of the police on April 24, 1968.

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