What is the two-pronged test for determining privacy?

The two-pronged test for determining privacy revolves around the concepts of the expectation of privacy and the reasonableness of that expectation. The first component, "expectation of privacy," refers to whether an individual has a subjective expectation of privacy in a particular situation or location. This means considering if the individual truly believes that the area or item they are dealing with should be private.

The second component, "reasonableness of that expectation," assesses whether society recognizes that expectation as reasonable. This part evaluates whether the individual's expectation aligns with societal norms and legal precedents. For example, individuals typically have a reasonable expectation of privacy in their homes, while they may have less expectation of privacy in public places.

Together, these two elements help courts determine if a search or seizure conducted by law enforcement was lawful under the Fourth Amendment, which protects against unreasonable searches and seizures. The correct understanding of this test is vital for boarding team members when conducting searches and respecting individuals' rights during maritime law enforcement operations.