It is becoming increasingly apparent that, within the totality of the circumstances analysis to determine whether an accused has a reasonable expectation of privacy, how "the subject matter of the search" is defined is very likely to be determinative of the result. This was the case in R. v. Marakah (2017), 42 C.R. (7th) 1, where the Court observed that the guiding question is "what the police were really after" (para 15), and it is equally true here.