Justice Harlan's concurrence requires what two elements for a privacy expectation to be protected?

Justice Harlan's concurrence requires what two elements for a privacy expectation to be protected?

• A. Actual expectation of privacy and societal acceptance as private
• B. Strictly subjective belief
• C. Only government property
• D. No privacy rights

Answer: (A)

Justice Harlan’s concurrence in Katz introduces a two-part test for when a privacy expectation is protected. There must be an actual, subjective expectation of privacy, and that expectation must be one that society is prepared to recognize as reasonable. Together these two elements determine whether the Fourth Amendment protects a person’s privacy. If only a personal belief of privacy exists without societal recognition, or if the issue involves something like government property in a way that doesn’t fit the expectation-driven test, the protection doesn’t apply.

Justice Harlan’s concurrence in Katz introduces a two-part test for when a privacy expectation is protected. There must be an actual, subjective expectation of privacy, and that expectation must be one that society is prepared to recognize as reasonable. Together these two elements determine whether the Fourth Amendment protects a person’s privacy. If only a personal belief of privacy exists without societal recognition, or if the issue involves something like government property in a way that doesn’t fit the expectation-driven test, the protection doesn’t apply.