MBE Rules · Criminal Procedure
4A — Reasonable Expectation of Privacy
Katz
The rule
A search occurs only if government action invades a reasonable expectation of privacy — one (1) the defendant actually has, AND (2) society recognizes as objectively reasonable (Katz). No REoP in things knowingly exposed to the public, garbage at curb, bank records, phone numbers dialed, open fields.
In plain English
The government can only search places where you expect privacy, and everyone else would agree it's private. If you show something to the public, you can't expect privacy there.
Worked example
Officer A uses a drone to look into someone's backyard over a tall fence. The homeowner expected privacy, and society agrees it's reasonable, so this is a search needing a warrant.
Memory hook
Privacy Prism: Personal + Public. Expectation must be both personal and socially accepted.
The trap
Students think: Any expectation of privacy counts. Wrong, because it must also be objectively reasonable. The actual test is both subjective and objective privacy.
How examiners test it
The MBE loves: defendant's personal belief of privacy in public actions. Trap: Students miss the objective test — society must also see it as reasonable. Look for public exposure clues like trash or open fields.
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