The 4th Amendment protects people from “unreasonable searches” by government officials. All other searches require a search warrant. How does a judge determine what is reasonable and what is not, and when is a warrant required to search? In the 1967 decision of Katz vs the United States, SCOTUS developed a seemingly simple test: Does the person(s) have a “reasonable expectant right of privacy”? A simple test that is part objective and part subjective with many factors to be considered.
In this episode Bill discusses the two-prong test and gives examples of several situations that police confront with some regularity. For example, Is the potential evidence in plain view? Is all of a person’s land protected or are their limits? Is it in a common area where others have a right to be present? When trash is bagged for disposal, is it reasonable for the owner to expect that they retain privacy rights all the way to the transfer station?
Jordan and Bill end this episode by opening a wider discussion about the rules governing “Terry Stops” and pat frisks. Stay tuned!
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