The following excerpt is from United States v. Ulbricht, 858 F.3d 71 (2nd Cir. 2017):
The Fourth Amendment to the United States Constitution provides that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The "cornerstone of the modern law of searches is the principle that, to mount a successful Fourth Amendment challenge, a defendant must demonstrate that he personally has an expectation of privacy in the place searched." United States v. Haqq , 278 F.3d 44, 47 (2d Cir. 2002) (internal quotation marks omitted). Thus, a "Fourth Amendment search [ ] ... does not occur unless the search invades an object or area [in which] one has a subjective expectation of privacy that society is prepared to accept as objectively reasonable." United States v. Hayes , 551 F.3d 138, 143 (2d Cir. 2008).
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