Was a warrant necessary?
Legitimate Expectation of Privacy
Courts generally use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched:
- Did the person actually expect some degree of privacy?
- Is the person's expectation objectively reasonable—that is, one that society is willing to recognize?
THIS TEXT WAS COPIED FROM NOLO WEBSITE
Guess what - the chances are you have to know the law and plan a good defense for yourself, even when you hire a lawyer to do it for you.
The lawyer has to know you expect some degree of privacy, and that you will not agree to being searched with out a warrant. In court you must confirm that you have the right to privacy and only with a warrant will you allow a search to take place.
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