A reasonable expectation of privacy has two components to it: a subjective and an objective
Someone could have a subjective expectation of privacy that when they throw something
away, someone else will not go into their garbage can and look at the contents of your
But is that one that society is willing to accept as reasonable?
There's actually a Supreme Court case on this and it's established that it's not objectively
reasonable to have an expectation of privacy in the contents of your garbage because that's
something you discard and voluntarily throw out into the public.
That is what reasonableness means— is whether society is willing to recognize that interest
Natasha Babazadeh, Judicial Law Clerk at U.S. Courts of Appeals, defines “Reasonable Expectation of Privacy” in this episode of Legal Terms. Learn more ...
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