Are all searches subject to Fourth Amendment protection?
No. The Fourth Amendment will not apply to searches in places in which there is no reasonable expectation of privacy. What does that mean? Well, according to Katz v. United States, there is a two part test to determine if there is a reasonable expectation of privacy in the searched area: 1) there must be an actual subjective expectation of privacy, and 2) society must be prepared to accept it as reasonable. As applied to individual cases, in addition to one’s home and personal belongings, courts have found that there is a reasonable expectation of privacy in, for instance, public telephone booths; individual, closed bathroom stalls; and personal luggage. However, there is no expectation of privacy in, for instance, one’s garbage left by a curb or the front seat of a car parked in a public parking space.