The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure. What areas can a person expect to have their privacy protected? Where does their privacy end, and public space is open.
Each person is protected by the Fourth Amendment in an area where they have a “legitimate expectation of privacy. ” The difficult part is ascertaining what is considered to have a legitimate expectation of privacy. Case law has established a two part test to determine what is protected by a person’s Constitutional rights. Did the person actually expect some degree of privacy, and was that privacy objectively reasonable?
For example, if a person is in a dressing room changing and officers have placed a video camera in the stall to catch shoplifters, it is a violation of Fourth Amendment rights. The person who is in the dressing room, expects that it is a private place, no one is watching, and therefore they have a legitimate expectation of privacy in a room where they changes, even if it is technically a public place.