What does Harlan's 2-part test for reasonable expectation of privacy assess?

Harlan's 2-part test for reasonable expectation of privacy is a fundamental concept in the context of the Fourth Amendment, which protects individuals from unreasonable searches and seizures. This test evaluates two key components: first, the individual's subjective expectation of privacy—essentially whether the person believes that their privacy has been invaded; and second, whether that expectation is one that society recognizes as reasonable.

To elaborate on the subjective aspect, it considers personal feelings or beliefs about privacy. For instance, a person may feel that they have a right to privacy in their home or personal communications. The societal component, however, requires that this expectation not only be felt by the individual but also acknowledged as reasonable by the broader community—meaning that society has a common standard for what constitutes a reasonable privacy expectation.

In contrast, other options focus on aspects that do not pertain directly to the determination of a reasonable expectation of privacy. The legality of arrests pertains to law enforcement protocols and is not directly linked to personal privacy expectations. The duration of surveillance may influence privacy concerns but does not fundamentally address the expectation society has around privacy. Finally, the type of property involved could factor into privacy considerations but does not encapsulate the essence of Harlan's criteria for evaluating privacy expectations. Thus,