IUS - Prong 2

What is element 2 of IUS?

Upon P’s Solitude/Seclusion or into P’s Private Affairs

What does Element 2 focus on?

Focuses on P's REASONABLE expectation of privacy. Requires BOTH:

1. Subjective belief of privacy P actually believed they were private, AND

2. Objective Reasonableness of privacy: reasonable person would agree the place or matter should remain private.

What are examples of NO subjective belief of privacy?

1. Disguising yourself to avoid surveillance = acknowledgement of no subjective expectation of privacy.

2. Torturing animals backstage while stating he'd "do it again in public" = no subjective expectation of privacy.

1. What are examples of an objective expectation of privacy?

2. What are examples of NO objective expectation of privacy?

1. Communications on medical info.

2. Paper in public trash room. Once P is in the public eye, even involuntarily.

Is a public road a place of seclusion/a place with Objective Expectation of privacy?

NO

Is a private ambulance helicopter a place of seclusion/a place with Objective Expectation of privacy?

YES

Is a classroom a place of seclusion/a place with Objective Expectation of privacy?

YES

1. Is a locked company space open to hundreds of employees a place with Objective Expectation of privacy?

2. What if is a public lunchroom?

1. Yes

2. No