Which item is generally considered to have no reasonable expectation of privacy?

• A. Open fields, view from the air
• B. House
• C. Papers
• D. Vehicle in private garage

Answer: (A)

The essential idea tested is where the Fourth Amendment protects privacy. Open fields are not protected by a reasonable expectation of privacy, even if they’re fenced or cultivated; the open fields doctrine from Oliver v. United States says land outside the home’s immediate surroundings isn’t private in the eyes of the law. Similarly, what can be seen from public airspace isn’t private either, so surveillance from the air generally isn’t a violation of privacy expectations. In contrast, a house and the papers inside it carry strong privacy protections, and a vehicle in a private garage sits within the home’s surrounding privacy—the curtilage—so it generally remains private as well. Therefore, the item with no reasonable expectation of privacy is open fields, view from the air.