Also known as: reasonable expectation · reasonable expectations doctrine · reasonable-expectations doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An expectation of privacy that a person actually holds and that society is prepared to recognize as reasonable. The Fourth Amendment protects against government intrusion when this standard is met.
An expectation of privacy that a person actually holds and that society is prepared to recognize as reasonable. The Fourth Amendment protects against government intrusion when this standard is met.
Select any source to read its text and confirm it supports the definition.
Expectations that a reasonable person would hold regarding contractual performance or participation in a business enterprise. These expectations guide interpretation of agreements and assessment of oppressive conduct toward minority owners.
Select any source to read its text and confirm it supports the definition.
Expectations that a reasonable person would hold regarding contractual performance or participation in a business enterprise. These expectations guide interpretation of agreements and assessment of oppressive conduct toward minority owners.
Each sense below has its own examples, sources, and questions.
Riley Rivera used a mobile phone for daily travel over several months. Police obtained a court order for historical cell-site data without probable cause. Riley moved to suppress the records. The court granted the motion because the data revealed pervasive location information in which Riley held a reasonable expectation of privacy.
Ruby Rivera stayed overnight at a friend's home as a guest. Police searched the home without a warrant while Ruby was present. Ruby challenged the search. The court recognized that Ruby held a reasonable expectation of privacy in the home as an overnight guest and suppressed the evidence obtained.
Robert Rivera spoke privately inside a phone booth. Police recorded the conversation without a warrant. Robert moved to suppress the recording. The court applied the reasonable expectation of privacy test and held that what Robert sought to keep private, even in a public area, received Fourth Amendment protection.
A person must exhibit an actual subjective expectation of privacy. Society must also be prepared to recognize that expectation as objectively reasonable.
Supporting sources
Yes. An overnight guest generally holds a reasonable expectation of privacy in the home and may contest a warrantless search under the Fourth Amendment.
Supporting sources
Yes. Individuals retain a reasonable expectation of privacy in pervasive long-term cell-site records even though the carrier holds the data. The government generally needs a warrant supported by probable cause to obtain them.
Supporting sources
Regina Robinson granted her daughter power of attorney over financial matters. The daughter knew Regina expected her retirement funds to remain untouched except for medical needs. The daughter instead invested the funds aggressively. A court held the daughter violated her duty by failing to honor the known reasonable expectations of the principal.
Ralph Richardson remained in his apartment two weeks after the lease expired. The landlord attempted to change the locks without a court order and without causing harm. The court barred the self-help because it occurred outside the reasonable time window and disregarded the tenant's expectations of orderly eviction proceedings.
Roland Rhodes bought land intending immediate development. The city imposed a temporary moratorium on all building. Rhodes sued claiming a taking. The court examined the duration of the restriction, the city's planning purpose, and Rhodes's reasonable expectations before deciding whether compensation was required.
Courts determine whether majority actions substantially defeat the objectively reasonable expectations that minority shareholders held when investing their capital in the enterprise.
Supporting sources
The agent must act in accordance with the principal's reasonable expectations to the extent those expectations are actually known by the agent.
…two corporations, the interrelationship of the managers of parent and subsidiary in the actual conduct under challenge, and the reasonable expectations of the subsidiary directors that the parent State would take an interest in their behavior. Cf. United States v. First Nat. City Bank , 379 U. S. 378, 384 (1965). While the present…