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The reasonable expectation of privacy is crucial in distinguishing a legitimate, reasonable police search and seizure from an unreasonable one. A "search" occurs for purposes of the Fourth Amendment when the Government violates a person's "reasonable expectation of privacy". [3] In Katz v.
[3] The reasonable expectation of privacy standard, now known as the Katz test, was formulated in a concurring opinion by Justice John Marshall Harlan II. [4] The Katz test has since been used in numerous cases, particularly because of technological advances that create new questions about privacy norms and government surveillance of personal ...
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information.
The Court cited policy reasons for preserving the open fields rule, stating that "open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance." Id at 178.
"It is preferable to dispose of this case on narrower grounds." He accepted, for argument's sake, three points: that Quon had a reasonable expectation of privacy in his pager messages, that the review of them constituted a search and that the same principles governing a physical search of a public employee's workspace applied to electronic privacy.
In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose".
Smith v. Maryland, 442 U.S. 735 (1979), was a Supreme Court case holding that the installation and use of a pen register by the police to obtain information on a suspect's telephone calls was not a "search" within the meaning of the Fourth Amendment to the United States Constitution, and hence no search warrant was required.
The US Supreme Court reversed the decision of the Florida Supreme Court with a four-vote plurality, arguing that the accused did not have a reasonable expectation that the greenhouse was protected from aerial view, and thus that the helicopter surveillance did not constitute a search under the Fourth Amendment. However, the Court stopped short ...