The United States Constitution provides a variety of protections for individuals, some of which set specific expectations and requirements for law enforcement officers. One thing that the Constitution sets is the need for police officers to have a warrant to search private areas and seize evidence of a crime, if it’s present.
One of the requirements that’s present for when a search warrant is needed is the expectation of privacy. This means that unless the officer has permission to search or there is one of the very limited exigent circumstances present, the officer will need a warrant to search the area if there’s a reasonable expectation of privacy.
When does the expectation of privacy apply?
The expectation of privacy applies when a person has a reasonable belief that their personal space, information or property is not subject to public inspection. This often includes places like a home or possibly the contents of a smartphone. Courts typically ask whether society would view the expectation as legitimate.
For example, someone has a reasonable expectation of privacy inside their home or a hotel room they’ve rented. But they probably don’t have that same protection for something left in plain view on a public bench or discarded in a communal trash bin. Once privacy is no longer expected or protected, a warrant may not be required.
If there is a reasonable expectation of privacy and police officers conduct a search or seizure that involves evidence in a case, that evidence may be suppressed. It’s critical for anyone in this position to ensure they have someone on their side who can help to protect their interests and set their defense strategy in the best direction for their needs.
