PRIVACY EXPECTATIONS

Reasonable Expectation of Privacy

One of the core protections given under our Constitution is the right to privacy. Our forefathers wanted to be left alone. At least from government intrusion. With the inception of police cameras at every intersection and the watchful eyes of the Patriot Act many ask - where do I have an expectation of privacy?

Inside your home is usually a place where one expects privacy. But what about the trash can you sit on your street corner? What if you your spending the night at a friends house - do you have an expectation of privacy in your overnight bag?

The landmark case of privacy come from 1967 in U.S. v. Kantz.  Mr. Kantz was conducting his illegal business while talking on a pay phone. Remember this is 1967 so the pay phones were the type that you closed the door behind you type. (Jeez, has anyone seen one of those lately??). The FBI got wise to this and put a listening device outside of the booth and recorded Mr. Kantz conversations. This was done without any type of wiretap search warrant.

The Court ruled that Mr. Kantz does have a reasonable expectation of privacy in that phone booth. The test adopted by the Court was 1. has the suspect manifested an expectation of privacy and 2. Is society willing to accept that expectation as reasonable?.

What about my two examples? Yes, an overnight guest has a reasonable expectation of privacy. However, there is no reasonable expectation of privacy in your garbage you sit outside for the garbage man. Here are my favorite examples of privacy decisions:

• Suspect standing in doorway  - no expectation of privacy

• Bank records - no expectation of privacy

• Dog sniff outside of vehicle - no expectation of privacy

• Prison Cell - umm yea, some guy actually thought what he said in a prison cell is private....

• School Children - DO have expectation of privacy

• Thermal Imaging - Police can not peer into your house with infra red cameras detecting heat patterns.

• GPS Vehicle Tracking - This one was just decided recently. No the police cannot attach a GPS system to your vehicle without first obtaining a warrant.

And one I unfortunately hear often - “umm I was inside my house talking to my friend and the cops recorded it. Thats an invasion of my privacy.” But not if your friend is an undercover narcotics officer...