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California v. Greenwood
– Plastic garbage bags on a public street arereadily accessible to animals, children, scavengers, and snoops; thereforeGreenwood did not have a reasonable expectation of privacy in baggedgarbage once it was outside the home and curtilage.2.
Bond v. United States
– A border patrol agent did violate reasonableexpectations of privacy when he squeezed soft luggage that passengershad placed in the overhead space of a bus.IV.
– Relevant factor in the privacy analysis, but usually are notdispositive.A.
Rawlings v. Kentucky
– The Court acknowledged that ownership was one fact to be considered but emphatically rejected the notion that arcane concepts of property law ought to control the Fourth Amendment.B.Courts have declared that there is no search where police examine previously protected property in which an owner has voluntarily relinquished his or her proprietary interest.
Minnesota v. Olson
– The Court held that Olson had a privacy interest in the premises because of his status as an overnight guest.B.
Minnesota v. Carter
– The Court held that a cocaine dealer who spentapproximately two hours in the apartment of an acquaintance did not have areasonable expectation of privacy there.
VI.Past Practices & Expectations
O’Connor v. Ortega
– The Court reasoned that the expectation of privacy in one’s place of work has deep roots in the history of the 4
Legality and Intimacy of Activities
– It makes a difference whether the individualsclaiming a privacy expectation were engaging in illegal or legal activities, and whether they are intimate or completely commercial.A.
United States v. Place
– Canine Sniff: The manner in which information isobtained is much less intrusive than a typical search; moreover the sniff disclosesonly the presence or absence of narcotics.VIII.
– Permits police to facilitate their observations from such
public vantage points
by using enhancement devices (flashlights, for example).A.Those devices
must simply enable to see more clearly
something that they
could otherwise see
without the devices.B.Where the enhancement reveals what would
not otherwise be exposed
to publicview, a reasonable privacy expectation exists.IX.
Reduced Expectation of Privacy
– Signifies situations in which privacy interests arerelatively small compared to the State’s interest in obtaining the evidence.A.The Court has found privacy expectations to be reduced in vehicles, at least wherethey are parked in public places, partly because the interiors of passenger compartments can be easily observed from those outside the vehicle and partly because vehicles are heavily regulated.B.The Court also found privacy expectations to be reduced in school settings.