The following excerpt is from U.S. v. Kyllo, 190 F.3d 1041 (9th Cir. 1999):
The Fourth Amendment forbids an unreasonable search by the government. A search has been authoritatively defined as occurring " `when an expectation of privacy that society is prepared to consider reasonable is infringed.' " United States v. Karo, 468 U.S. 705, 712 (1984) (quoting United States v. Jacobsen, 466 U.S. 109, 113 (1984)). The term "search" is thus not itself a helpful term on which to focus. A court's attention is directed to the "expectation of privacy" and society's view of the reasonableness of the expectation.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.