A Study Of Reasonable Expectations Of Privacy Theory In American Law

The United States is the earliest country to establish a theory of privacy rights.Its research on the theory of privacy rights is worth learning and learning from our country.The Fourth Amendment of the U.S.Constitution was originally designed to protect U.S.citizens from unreasonable search and seizure by the government.For a long period of time,it protected citizens' property rights.However,with the deepening of judicial practice in the United States,judges also discovered in the Fourth Amendment.With regard to privacy,many judges began to break through the restrictions of the Fourth Amendment and tried to make a deeper interpretation of the Fourth Amendment.The scope of protection of the Fourth Amendment began to gradually shift from property to privacy.In addition,the advancement of science and technology has enriched the content of citizens' privacy rights.It is more convenient for the government to conduct social public administration surveys and collect information,but at the same time this double-edged sword poses a threat to citizens' right to privacy.In the age of high technology,the protection of citizens' privacy has become a new topic.Finally,the Supreme Court of the United States put forward the "Privacy and Reasonable Expectation" standard in the Katz case.This theory subjectively determines that citizens have privacy expectations.Objectively,it is reasonable that their privacy expectations can be recognized by the public.Then the government must not infringe upon citizens' places.The right to privacy enjoyed by persons or information is infringed upon citizens' privacy unless they have reasonable grounds and legitimate legal procedures.Evidence obtained from such illegal acts may also be excluded due to exclusionary rules of illegal evidence.This theory has important theoretical and practical value for judging the privacy of citizens and regulating the investigation power of the government.It has become a balance bar for citizens' right to privacy and government investigations to collect information.Especially with the development of new technologies,the theoretical connotation of reasonable privacy expectations has also been greatly enriched,and there are corresponding limitations in some areas.In particular,the emergence of new technologies that are changing with each passing day,so that reasonable privacy expects this open theory glows a strong vitality to deal with the challenges of high technology,in regulating the government to maintain social order and social management,but also give citizens the greatest right to privacy The protection of China privacy theory summarizes its experience.