Fourth Amendment: Legitimate Expectation Of Privacy

70 Words1 Pages
In making its Smith ruling, the Court considered whether the person invoking the protection of the Fourth Amendment could claim a “legitimate expectation of privacy” that has been invaded by government action, and stated that such an inquiry normally addresses two questions: (1) whether the individual has exhibited an actual (subjective) expectation of privacy; and (2) whether the individual 's expectation is one that society is prepared to recognize as “reasonable.”