Question

A police offer notices the presence of a stolen car in Elena's driveway, seizes the car, and arrests her. Elena expected that her driveway was a private space. The Fourth Amendment's protection against searches and seizures would:___________
a. apply because Elena has a reasonable expectation of privacy.
b. not apply because the Fourth Amendment does not apply to private citizens.
c. not apply because Elena's expectation of privacy is not one that society would consider legitimate.
d. apply because Elena actually expects privacy.

Answer 1

Answer:

(C) not apply because Elena's expectation of privacy is not one that society would consider legitimate.

Explanation:

Seizure occurs when the government or its agent, like a police officer, removes property from an individual's possession as a result of unlawful activity.

A seizure of property, within the meaning of the Fourth Amendment, occurs when there is some meaningful interference with an individual’s possessory interests, that is the right of a person to occupy and/or exercise control over a particular area.

The search-and-seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.

However, in this case of Elena, the Fourth Amendment's protection against searches and seizures would not apply because Elena's expectation of privacy is not one that society would consider legitimate.

Answer 2

Answer:

(C) not apply because Elena's expectation of privacy is not one that society would consider legitimate.

Explanation:

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. It 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.

The ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government.

Elaine expectation of privacy is not one that society would consider legitimate, so the fourth amendment wouldn't apply in this case.