Reasonable expectation of privacy (REP) has been a difficult term to pin down. REP determines when and where you can set-up surveillance equipment in the workplace, home and other areas. Depending upon your employment and the specifics of the case you are working on, REP is a critical factor in setting up your surveillance. EVEN IN THE WORKPLACE!
The Supreme Court, Katz v. United States, established a two part test for determining if a reasonable expectation of privacy exists.
1. Does the individual exhibit an expectation of privacy?
2. Is society prepared to recognize as reasonable?
If you answer "no" to either question then a reasonable expectation of privacy does not exist.
You are probably thinking that the Fourth Amendment only applies to government agents? Yes, you would be correct. Consider that if you are working for an employer to identify and gather evidence for potential criminal prosecution then you might be considered acting as an agent for the government? Depends on your case, your circuit court and the behaviors you are examining.
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