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In United States constitutional law the expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same thing as a right of privacy, a much broader concept which is found in many legal systems (see privacy law).

There are two types of expectations of privacy:

• A subjective expectation of privacy is an opinion of a person that a certain location or situation is private. These obviously vary greatly from person to person.
• An objective, legitimate or reasonable expectation of privacy is an expectation of privacy generally recognized by society.

Examples of places where a person has a reasonable expectation of privacy are person's residence or hotel room^[1] and public places which have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, private portions of jailhouses,^[2] or a phone booth.^[3][4]

In general, one cannot have a reasonable expectation of privacy in things held out to the public. A well-known example is that there is no privacy rights in garbage left for collection in a public place.^[2] Other examples include: account records held by the bank, a person's physical characteristics (including blood, hair, fingerprints, fingernails and the sound of your voice), what the naked eye can see below in public air space (without the use of special equipment), anything in open fields (eg. barn), odors emanating from your car or luggage and paint scrapings on the outside of your car.

While a person may have a subjective expectation of privacy in his/her car, it is not always an objective one, unlike a person's home.^[5]

The privacy laws of the United States include the notion of a person's "open fields"; that is, places where a person's possessions do not have an objective expectation of privacy.^[6]

Privacy and search[link]

The expectation of privacy is crucial to distinguishing a legitimate, reasonable police search and seizure from an unreasonable one.

In Katz v. United States, 389 U.S. 347 (1967) Justice Harlan issued a concurring opinion articulating the two-part test later adopted by the U.S. Supreme Court as the test for determining whether a police or government search is subject to the limitations of the Fourth Amendment: (1) governmental action must contravene an individual's actual, subjective expectation of privacy; (2) and that expectation of privacy must be reasonable, in the sense that society in general would recognize it as such.

To meet the first part of the test, the person from whom the information was obtained must demonstrate that they, in fact, had an actual, subjective expectation that the evidence obtained would not be available to the public. In other words, the person asserting that a search was conducted must show that they kept the evidence in a manner designed to ensure its privacy.

The first part of the test is related to the notion "in plain view". If a person did not undertake reasonable efforts to conceal something from a casual observer (as opposed to a snoop), then no subjective expectation of privacy is assumed.^[7]

The second part of the test is analyzed objectively: would society at large deem a person's expectation of privacy to be reasonable? If it is plain that a person did not keep the evidence at issue in a private place, then no search is required to uncover the evidence. For example, there is generally no search when police officers look through garbage because a reasonable person would not expect that items placed in the garbage would necessarily remain private.^[8] Similarly, there is no search where officers monitor what phone numbers an individual dials,^[9] although the Congress has enacted laws that restrict such monitoring. The Supreme Court has also ruled that there is no objectively reasonable expectation of privacy (and thus no search) when officers hovering in a helicopter 400 feet above a suspect's house conduct surveillance.^[10] The U.S. Court of Appeals for the Sixth Circuit held in 2010 that users did have a reasonable expectation of privacy in the contents of their e-mail in United States v. Warshak, although no other court of appeals has followed suit.^[11]

See also[link]

• Curtilage
• Surreptitious DNA collecting
• Secrecy of correspondence
• United States v. Graham

References[link]

Kevin Antoine Dodson (born June 14, 1986)^[1] is an Internet celebrity, singer, actor, and former resident of the Lincoln Park housing project in Huntsville, Alabama, whose interview on local television news became an Internet sensation and resulted in an Auto-Tuned song by The Gregory Brothers that has sold thousands of copies on iTunes and appeared on the Billboard Hot 100 list.^[2] The interview that propelled Dodson into fame was prompted by the report of a house intrusion and attempted rape of his sister Kelly Dodson.

The interview[link]

Dodson was interviewed on July 28, 2010, by NBC affiliate WAFF-48 News after the attempted rape of his sister by an intruder in her bedroom, in the projects of Lincoln Park.^[3][4]

The video of the interview caught attention because of the passionate and flamboyant style of his delivery, speaking directly to the camera, in which he directly addressed the people of his neighborhood as well as the would-be rapist, and his use of street vernacular.^[3][5] The reactions were mixed. Some local viewers phoned the TV station to complain that interviews with people such as Dodson reflected poorly on the community,^[3][5] whereupon the station defended broadcasting the interview by stating that censoring such people is "far worse." Jonathan Capehart, editorial page writer for The Washington Post, wrote that Dodson became an instant Internet sensation because "in this age of fake reality TV, he puts the real in reality,"^[5] to which he later added that Dodson "is one of the strongest people we’ve seen in a while."^[6]

A man holds a sign at the Rally to Restore Sanity and/or Fear that contains an image of Dodson with the "Hide yo kids, hide yo wife" line from the viral video interview.

"Bed Intruder Song" and rise to fame[link]

The video of Dodson's television interview went viral and then inspired several musical remixes, including a video by musical group The Gregory Brothers, known as the "Bed Intruder Song." The song was a huge success and eventually reached number 89 on Billboard's Hot 100 list.^[2] The popularity of the song inspired many covers and remixes, including a punk rock version by a team formed by Hayley Williams of Paramore, Jordan Pundik of New Found Glory, and Ethan Luck of Relient K.^[7]

Dodson was interviewed for the Today Show on NBC on August 26, 2010 about his new found "Web superstardom." On the program, Dodson's YouTube video was called "one of the most watched online videos ever," with the hosts noting it had already been viewed more than 16 million times as of that date.^[8] Dodson has done radio shows in Australia, has fans in London and is now widely recognized in his hometown of Huntsville.^[9]

Dodson had launched a website in which he asks for donations to assist his family in moving "out of the hood."^[10] The money, as well as money from sales of "Bed Intruder" on iTunes and merchandise such as T-shirts, will go to helping his family buy a new home and setting up a foundation for juvenile diabetes, a disease that has afflicted both his sister and his mother.^[11] In August 2010, Dodson noted the irony of having "a hit on iTunes, but we're still in the projects";^[12] one month later, Us Weekly reported that Dodson had made enough money from the song to move his family out of the projects to a better house.^[13] In September 2010, the Gregory Brothers reported that they had sold more than 250,000 copies of The Bed Intruder Song on iTunes.^[14]

In October 2010, Dodson gave a live performance of "Bed Intruder Song" with Michael Gregory of The Gregory Brothers at the 2010 BET Hip Hop Awards.^[15]

Excluding major label music videos, Dodson's song was the most viewed YouTube video of 2010.^[16][17] It was chosen as the "Meme of the Year" in the 2010 Urlies – both as the People's Choice and the Editors' Choice – while the original video of Dodson's television interview was the "Video of the Year" – People's Choice.^[18]

He was also featured in a segment on Lopez Tonight singing a "Chimney Intruder" song about Santa Claus,^[19] and on Tosh.0 for a "Web Redemption."^[20]

In Season 3 Episode 10 on The Cleveland Show a reference is made to Antoine Dodson in the form of Roberta, Cleveland's daughter. Roberta comes into the kitchen wearing Antoine's famous bandana and says "Rollo, you are so dumb, you are really dumb, for real".

Business ventures[link]

Dodson has capitalized on the success of "Bed Intruder Song." His first venture was a line of t-shirts and merchandise featuring the original album art from the iTunes release sold through zazzle.com. After a licensing dispute between the artist, the photographer, and his manager, he launched a storefront through districtlines.com with an unrelated line of merchandise. Since then he has authorized the creation and sale of a "Bed Intruder Costume" for Halloween 2010^[21] and endorsed a "Sex Offender Tracker" smartphone application for the iPhone and Android platforms.^[22] In late December 2010, Dodson was featured in a commercial advertising the new Tosh.0 season.

On January 21, 2011, MSN announced that Dodson was filming a pilot episode for a reality show, featuring Dodson and his family as they move from Huntsville to Los Angeles, California.^[23]

Personal life[link]

Dodson grew up in Chicago, and moved to Huntsville in 2004,^[24] where he attends Virginia College, working on an associate degree in business administration.^[24] He also works as a hairstylist.^[3] Antoine Dodson is the oldest of six children.^[3] In an online Q&A video with fans, he answered a question regarding his sexuality: "Am I bisexual? No. Gay? Yes."^[6] In an interview with CBS, Dodson told Shira Lazar that he had been a rape victim in the past.^[11]

On Saturday, April 23, 2011, Dodson was arrested for marijuana possession after he was pulled over for allegedly speeding. He was also arrested on five other misdemeanor charges but was released later that day.^[25][26][27]

On Sunday, September 25, 2011, Dodson was again arrested in Huntsville, Alabama at 6:20 pm for violating the city's loud noise ordinance. The police were going to let Dodson off with just a warning until they ran his name through the system and discovered he had an outstanding warrant against him for not reporting to court for the above mentioned marijuana violation. Dodson was arrested on the spot, but he was later released on a $516 bond.^[28]

Discography[link]

Singles[link]

• 2010: "Bed Intruder Song" (The Gregory Brothers, Antoine Dodson, and Kelly Dodson)
• 2011: "Gucci Bag" (Lady G featuring Antoine Dodson)^[29]
• 2012: "Lovesick Lullaby" (featuring Brent Morgan)^[30]

Films[link]

Currently, Antoine is appearing in a new motion picture called The Chronicles of Rick Roll with co-stars Paul "Bear" Vasquez, Stephen and Jack Quire, Ben Schulz, Brian Collins, Gary Brolsma and Lisa Moum, which is scheduled to be released in 2012.

He appears in American Pie 4 (a picture in Oz's house).

References[link]

External links[link]

• Antoine Dodson at the Internet Movie Database
• "The Star Wars Kid and the Bedroom Intruder – Panopticon or Subversion?". Academic Quarter, Fall 2011
• Antoine's Official Website