Courts sometimes use the expectation of privacy as a test for limiting governmental monitoring. Thus, for example,

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Courts sometimes use the “expectation of privacy” as a test for limiting governmental monitoring. Thus, for example, the police can monitor your behavior without a warrant when you are in a public place but not when you are talking on your phone. What expectations of privacy do you have when you are surfing the web? Ordering something from Amazon or Netflix? Spending time on Facebook?

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