The determination as to whether a person has a reasonable expectation of privacy is not subjective. Rather, it is based on a purely objective determination of whether we, as a society, are willing to recognize that a certain expectation of privacy exists and is reasonable.
For example, it’s long been recognized that, absent certain circumstances, warrantless searches of privately owned property violate society’s reasonable expectations of privacy and are therefore prohibited under the Fourth Amendment. Conversely, it’s long been recognized that warrantless searches of abandoned property do not violate society’s reasonable expectations of privacy and are therefore permitted under the Fourth Amendment.
Consider speaking with an experienced legal professional if you have been charged with a crime and believe that your rights have been violated in any way by law enforcement officials. Call our office at 770-887-1209 or use the contact form below to speak with an attorney at Banks, Stubbs & McFarland about your case.