Legal Definitions - expectation of privacy

The term expectation of privacy refers to a legal concept used to determine whether an individual's Fourth Amendment rights have been violated by a government search or seizure.

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by the government. However, this protection only applies when an individual has a "reasonable expectation of privacy" in the place searched or the item seized. This concept involves a two-part test:

• Subjective Expectation: The individual must personally believe that the place or item is private and not open to public or government inspection.
• Objective Reasonableness: Society, as a whole, must be prepared to recognize that this personal belief in privacy is reasonable and legitimate.

If both conditions are met, and the government intrudes without a warrant or a recognized exception, then the government's action is considered a violation of the individual's Fourth Amendment rights.

Here are some examples to illustrate this concept:

• Example 1: Encrypted Digital Messages

  Imagine a person sending a private message to a friend using an encrypted messaging application on their smartphone. The sender types out a personal conversation, believing that only they and their friend can read it, and that it is secure from outside intrusion.

  This illustrates the expectation of privacy because:

  • The sender has a subjective expectation of privacy; they personally believe their conversation is private and secure.
  • Society generally holds that private digital communications, especially those sent through secure or encrypted platforms, are reasonably expected to remain confidential between the sender and recipient. Therefore, this expectation is considered objectively reasonable. If the government were to intercept and read these messages without a proper warrant, it would likely violate the sender's Fourth Amendment rights.

• Example 2: Contents of a Locked Storage Unit

  Consider someone renting a private, locked storage unit at a commercial facility to keep personal belongings, such as old family photos, documents, and sentimental items. They use their own lock and key, and only they have access to the unit.

  This demonstrates the expectation of privacy because:

  • The individual has a clear subjective expectation that the contents of their locked storage unit are private and inaccessible to others, including the government, without their permission.
  • Society widely recognizes that people use locked storage units precisely for the purpose of safeguarding private possessions. Therefore, the expectation that the contents of a locked, privately rented storage unit are secure from unwarranted government searches is considered objectively reasonable.

• Example 3: Personal Medical Records

  Think about a patient's detailed medical history, including diagnoses, treatments, and prescription information, stored electronically at their doctor's office or hospital.

  This illustrates the expectation of privacy because:

  • The patient has a strong subjective expectation that their sensitive health information will remain confidential between them and their healthcare providers, and will not be shared with or accessed by government agencies without specific legal authorization.
  • Society places a high value on the privacy of personal health information. Laws like HIPAA reinforce this societal understanding, making the expectation of privacy in one's medical records objectively reasonable. Unauthorized government access to these records would typically be considered a violation of this expectation.