Which two components define the standard for reasonable expectation of privacy?

• A. Subjectively, actual expectation
• B. Objectively, reasonable expectation
• C. Both subjectively and objectively
• D. Neither

Answer: (C)

The standard for reasonable expectation of privacy requires two elements: a subjective expectation of privacy and an objective, society-recognized standard that makes that expectation reasonable. Under the Katz framework, you must personally believe you are protecting your privacy in a given situation, and that belief must be one that society would deem reasonable. If you have a private belief but society doesn’t recognize it as reasonable, or if you have no private expectation at all, there is no reasonable expectation of privacy. This is why the best answer is that both subjective and objective components are involved. For example, you typically have a subjective expectation of privacy in your home, and society recognizes that expectation as reasonable; but in open fields or things exposed to public view, even if someone personally thinks privacy exists, the objective standard may not recognize it as reasonable.