Expectations of Privacy

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Expectations of Privacy 저자: Mind Map: Expectations of Privacy

1. Unprotected Situations

1.1. Public Exposure

1.1.1. What a person exposes to the public, even in his home or office is not subject to fourth amendment protections.

1.1.2. Police cannot be expected to avert their eyes from evidence that can be reasonably seen by the public

1.2. Assumption of the Risk

1.2.1. False Friends

1.2.1.1. When one provides information to a third party, even in an apparently private communication cannot reasonably rely on that person maintaining confidentiality

1.2.1.2. Misplaced reliance on the loyalty of others is not entitled to cont. protections

1.2.1.3. Inviting the government does not grant protections,

1.2.2. Institutional 3rd parties

1.2.2.1. Turning data over, risks the loss of privacy for said data

1.2.3. Garbage

1.2.3.1. Once deposited upon the curb, the risk of discovery for criminal activity is presumed, and not protected.

1.3. Public self

1.3.1. No person can have a reasonable expectation that others will not know the sound of his voice anymore than his face would be a mystery to the world

1.3.2. Voice, handwriting and fingerprint samples are not an infringement of 4th amend. rights.

1.4. Overflights

1.4.1. Naked eye observation during air travel doesn't trigger protections

1.4.2. Unreasonable to think plants are protected due to flying and technology, especially if the public can make same observations

1.5. Windows

1.5.1. If the item is in the view of the public, no protections

1.6. Aided situations

1.6.1. Determinate by physical setting.

1.6.1.1. dog search at airport vs. Dog search at home.

1.6.2. Technology

1.6.2.1. Includes items attached to vehicles, except when item enters home.

1.6.2.2. If it is an item that merely enhances perception and facilitates surveilance that would be possible without, no trigger

1.6.3. Dogs

1.6.4. If general public is able to access the device, that makes details previously unknowable, search does not trigger rights

2. An invasion where a person holds a reasonable expectation of privacy.

2.1. Reasonable expectation of Privacy sets standard for acts constituting a violation of fourth amend. rights.

3. Entitled to Protections

3.1. Highest expectation of privacy is in the home, and only somewhat less in the curtledge immediately surrounding and in close proximity to it.

3.1.1. Open Fields Doctrine

3.1.2. Doesn't include the underdeveloped or unoccupied areas

3.1.3. Open fields don't provide shelter for intimate activities the 4th amendment is designed to protect

3.1.4. If the search is one aided by a device that is not able to the general public, that would make previously unknowable information w/o the device known, the search is unreasonable without a warrant.