Reasonable expectation of privacy (REP)
1. Must have standing
a. Automatic standing
i. Owns the premises searched
ii. Lives on the premises searched, or
iii. An overnight guest
b. Sometimes standing
i. Owns the property seized
ii. Legitimately present when the search occurred
c. No standing
i. PASSENGERS in a car – no standing if they claim ownership of the car or property (NOT DRIVERS)
ii. An individual briefly on the premises for the sole purpose of cutting drugs for sale
2. The item must not be held out to the public
a. Examples of items held out
i. Sound of your voice
ii. Style of your handwriting
iii. Paint on the outside of a car
iv. Account records held by a bank
v. Location of a car on a street/driveway
vi. Anything that can be seen across open fields
vii. Anything that can be seen from flying over
a. If a house – must be viewable without any special devices
viii. Odors emanating from luggage
ix. Garbage on the curb for collection
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