Reasonable Expectation of Privacy
Reasonable Expectation of Privacy: A Closer Look
The concept of "reasonable expectation of privacy" is a cornerstone in privacy law, particularly in the context of
the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures.
Understanding this principle is vital, especially when navigating issues of public filming and personal privacy.
What is Reasonable Expectation of Privacy?
In essence, a "reasonable expectation of privacy" refers to the protection an individual can reasonably expect in
certain situations and locations. This expectation is recognized both legally and socially.
Public vs. Private Spaces
Public spaces, such as streets, parks, and squares, generally afford individuals less expectation of privacy.
However, this does not mean that all rights to privacy are forfeited. It is reasonable for individuals to expect not
to be the primary focus of intrusive filming without consent, especially if they express a desire not to be filmed.
Context Matters
The term "reasonable" plays a crucial role. It's not enough to simply claim an "expectation of privacy"; the
expectation must be reasonable given the context. For example, while you can't expect complete privacy in a
public place, you can reasonably expect not to be followed and harassed by someone with a camera.
Harassment and Legal Boundaries
The debate about filming in public often centers on the fine line between freedom of expression and harassment.
Following someone and refusing to stop filming after they have requested it can cross into harassment, assault
(creating fear of harm), and even stalking. Such behavior can be legally actionable.
Legal Definitions
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Assault: Creating a reasonable apprehension of imminent harm. Physical contact is not required.
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Battery: Actual physical contact or harm.
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Harassment: Behavior intended to disturb or upset.
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Stalking: Repeatedly following or harassing another person, causing fear for their safety.
Conclusion
Respecting privacy isn't about yielding all rights in public but about maintaining a balance. Reasonable
expectations are essential to ensure that one's privacy is respected even when out in public. Filming and other
activities should be conducted with respect to these boundaries to avoid legal and ethical violations.
POLICE INFORMATION
We are always looking for copies of your Baltimore Police class photos, pictures of our officers, vehicles, and newspaper articles relating to our department and/or officers; old departmental newsletters, old departmental newsletters, lookouts, wanted posters, and/or brochures; information on deceased officers; and anything that may help preserve the history and proud traditions of this agency. Please contact Retired Detective Kenny Driscoll.
NOTICE
How to Dispose of Old Police Items
Please contact Det. Ret. Kenny Driscoll if you have any pictures of you or your family members and wish them remembered here on this tribute site to honor the fine men and women who have served with honor and distinction at the Baltimore Police Department. Anyone with information, photographs, memorabilia, or other "Baltimore City Police" items can contact Ret. Det. Kenny Driscoll at
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