Social norms in Fourth Amendment law

M Tokson, AE Waldman - Mich. L. Rev., 2021 - HeinOnline
Mich. L. Rev., 2021HeinOnline
Social norms play a central role in Fourth Amendment law. The Supreme Court has
emphasized the" great significance given to widely shared social expectations" and" social
practice," which can act as" a foundation of Fourth Amendment rights."'Indeed, for Fourth
Amendment purposes, our"[e] xpectations of privacy are established by general social
norms." 2 Courts'1. Georgia v. Randolph, 547 US 103, 111, 113-14 (2006); see also, eg,
Rakas v. Illinois, 439 US 128, 144 n. 12 (1978)(stating that reasonable expectations of …
Social norms play a central role in Fourth Amendment law. The Supreme Court has emphasized the" great significance given to widely shared social expectations" and" social practice," which can act as" a foundation of Fourth Amendment rights."'Indeed, for Fourth Amendment purposes, our"[e] xpectations of privacy are established by general social norms." 2 Courts'
1. Georgia v. Randolph, 547 US 103, 111, 113-14 (2006); see also, eg, Rakas v. Illinois, 439 US 128, 144 n. 12 (1978)(stating that reasonable expectations of privacy" must have a source outside of the Fourth Amendment" grounded in either property ownership or" understandings that are recognized and permitted by society"). 2. Robbins v. California, 453 US 420,428 (1981)(plurality opinion), overruled on other grounds by United States v. Ross, 456 US 798 (1982); see also, eg, Florida v. Jardines, 569 US
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