What is a reasonable expectation of privacy?
The Fourth Amendment only applies to searches that violate a persons reasonable expectation of privacy. If no reasonable expectation of privacy exists, then the Fourth Amendment cannot protect that search. Courts ask two questions when determining whether a person had a reasonable expectation of privacy: • Did the person actually expect some degree of privacy? • Is society willing to recognize that person’s expectation of privacy? What is a Search Warrant? A search warrant is an order authorizing police officers to search for specific objects or materials at a specific time and location. Police obtain these warrants by showing a judge that they have probable cause to believe that criminal activity is taking place and that illegal contraband will be found at the place to be searched. What is Probable Cause? The Fourth Amendment does not define probable cause; it is a term developed by judges and lawyers to assist in determining the reasonableness of a search. Probable cause occurs where
