What constitutes a "search" for Fourth Amendment purposes?

California, United States of America


The following excerpt is from The People v. Gallego, C061749, No. 06F06085 (Cal. App. 2010):

Government activity constitutes a "search" for Fourth Amendment purposes only if the person claiming an illegal search exhibits an actual (i.e., subjective) expectation of privacy in the item searched, and that expectation is one which society recognizes as reasonable (i.e., objectively). (California v. Ciraolo (1986) 476 U.S. 207, 211 [90 L.Ed.2d 210, 215]; Katz v. United States (1967) 389 U.S. 347, 360-361 [19 L.Ed.2d 576, 588] (conc. opn. of Harlan, J.).)

It is well settled that a warrantless examination of property abandoned in public does not constitute an unlawful

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