EPO 9

Question 1

What is REP?

Answer 1

Subjective expectation of privacy that is objectively reasonable

(Ie. Suspect considers the subject of the search private, and society agrees)

Question 2

Where is there no REP?

Answer 2

Open view = out in the open that can be easily seen (even with use of “enhancing technology”)
Open field
Dog sniff = if handler is allowed then dog is allowed and can sniff and alert = PC
Overheard conversations = heard with unaided ear with listener in a place he is allowed to be
Abandoned property = thrown away with the intent to abandon (does not include “lost” or unclaimed items)
ID Docs

No REP = No search

Question 3

Where is there REP?

Answer 3

Person’s Body
Home and curtilage = area immediately surrounding a dwelling
Baggage
Private communications
Buildings (office, warehouse, but no curtilage)
Interior of conveyances