What is the test for obtaining a search warrant for an apartment window search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fields, 113 F.3d 313 (2nd Cir. 1997):

Although both defendants had a sufficient relationship to the premises and each other to permit them to establish a legitimate expectation of privacy in the Edgewood Avenue apartment, that does not end the inquiry. Defendants must also establish that they took advantage of that opportunity for privacy at the time of the window search by the police. Although society generally respects a person's expectations of privacy in a dwelling, what a person chooses voluntarily to expose to public view thereby loses its Fourth Amendment protection. See California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 1812-13, 90 L.Ed.2d 210 (1986). Generally, the police are free to observe whatever may be seen from a place where they are entitled to be. Florida v. Riley, 488 U.S. 445, 449, 109 S.Ct. 693, 696, 102 L.Ed.2d 835 (1989).

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