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Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). ==Overview== There are two types of expectations of privacy: * Subjective expectation of privacy – a certain individual's opinion that a certain location or situation is private; varies greatly from person to person * Objective, legitimate, reasonable expectation of privacy – An expectation of privacy generally recognized by society Examples of places where a person has a reasonable expectation of privacy are a person's residence or hotel room〔''(Do Not Disturb: Fourth Amendment Expectations of Privacy in Hotel Rooms ), Social Science Research Network (2010)''〕 and public places which have been specifically provided by businesses or the public sector in order to ensure privacy, such as public restrooms, private portions of jailhouses,〔"The Criminal Law Handbook: Know Your Rights, Survive the System" (2007), ISBN 1-4133-0704-3, (pp. 38, 62 )〕 or a phone booth.〔''Katz v. U.S.'', .〕 In general, one cannot have a reasonable expectation of privacy in things held out to the public. A well-known example is that there are no privacy rights in garbage left for collection in a public place.〔 Other examples include: pen registers that record the numbers dialed from particular telephones;〔''Smith v. Maryland'', .〕 conversations with others, though there could be a Sixth Amendment violation if the police send an individual to question a defendant who has already been formally charged;〔''Massiah v. United States'', .〕 a person's physical characteristics, such as voice and handwriting;〔''U.S. v. Dionisio'', .〕 what is observed pursuant to aerial surveillance that is conducted in public navigable airspace not using equipment that ''unreasonably'' enhances the surveying government official's vision;〔''California v. Ciraolo'', .〕〔''Dow Chemical v. United States'', .〕 anything in open fields (e.g., a barn);〔''Oliver v. United States'' 466 U.S. 170 (1984)〕 smells that can be detected by the use of a drug-sniffing dog during a routine traffic stop, even if the government official did not have probable cause or reasonable suspicion to suspect that drugs were present in the defendant's vehicle;〔''Illinois v. Caballes'', .〕 and paint scrapings on the outside of a vehicle.〔''Cardwell v. Lewis'', .〕 While a person may have a subjective expectation of privacy in his/her car, it is not always an objective one, unlike a person's home.〔''The Criminal Law Handbook'', (p. 62 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「expectation of privacy」の詳細全文を読む スポンサード リンク
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