Criminal Procedure
Class One, con’t
Reasonable Expectation of
Privacy
 Open
Fields
 Public Access
 Only Illegal Activity Detected
 Sensory Boosts
 Private Actors
 Jails, Schools, Public Employees
Investigations which uncover
only illegal activity
 Canine
Sniffs
 Chemical
Testing for Drugs
Sensory Enhancement
 Beepers
 Heat
Detection
Private Actors
 Generally
not applicable [no REP]
 Exception:
Agent for State
Jails, Schools, Public
Employees
 Jails:
person vs. property or cell
 School
 Public
kids: Diminished REP
Employees: REP possible
REP Summary
 Inquiry:
Do facts present REP?
no REP, 4th Amendment does not
apply [gov’t conduct not regulated]
 If
REP Summary
 If
REP, next step in analysis considers if
reasonable or if warrant required
 CAUTION:
Can have REP and still
loose S/S claim.
 CAUTION:
Can never lack REP and
win S/S claim
Exercise
 Query:
Is the gov’t conduct a search?