Category Archives: Reasonable expectation of privacy

CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading

Posted in Consent, Reasonable expectation of privacy, Standing | Comments Off

ME: SW not needed to photograph def’s facial injuries

Police didn’t need a search warrant to photograph injuries on defendant’s face. State v. McNaughton, 2017 ME 173, 2017 Me. LEXIS 193 (Aug. 1, 2017). There was neither reasonable suspicion for defendant’s stop nor his patdown. No facts were put … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Stop and frisk | Comments Off

CA8: Code inspectors’ entry into common areas of rental property wasn’t 4A violation

City code inspectors’ entries into the common areas of plaintiff’s “historically unmanageable rental properties” did not violate the Fourth Amendment for lack of a reasonable expectation of privacy in those places. His claims as to allegedly protected areas was waived. … Continue reading

Posted in Administrative search, Arrest or entry on arrest, Reasonable expectation of privacy | Comments Off

N.D.Ind.: Use of drug dog in hotel hallway wasn’t at all like invading the curtilage in Jardines

Use of a drug dog in a hotel hallway that produced an alert on defendant’s room’s door was not unreasonble under Jardines. A hotel hallway, accessible to many people, cannot be compared to the curtilage of a home. United States … Continue reading

Posted in Curtilage, Dog sniff, Reasonable expectation of privacy | Comments Off

PA: No REP in a gun hidden in ceiling tile at work that fell out

Officers came to the barber shop where defendant worked because of a call about a threat with a weapon. Defendant was in the bathroom, and one officer went to the door. Another went into the adjoining bathroom. Defendant put a … Continue reading

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TX13: Untested hospital drawn blood sample has to be obtained by SW not subpoena

Defendant was in a car wreck and hospitalized. The other person in the wreck died. At the hospital, he was treated and released, but blood was drawn for medical purposes but never analyzed by the hospital. The officer obtained a … Continue reading

Posted in Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A

The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy, Search | Comments Off

OH5: Plain view didn’t apply to a firearm where it wasn’t readily obvious it was stolen

The plain view doctrine did not apply because the firearm was not immediately apparent as incriminating evidence or contraband, and testimony at the suppression hearing established the officers could not readily identify the firearm as stolen. State v. Elschlager, 2017-Ohio-5545, … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off

LA: “Defendant thus was in the difficult position of having to both distance himself from the barbeque grill, if he hoped to be found not guilty of possession of the cocaine found inside it, and tie himself more closely to the grill, if he hoped to obtain a favorable ruling on the motion to suppress. Trying to do both, he succeeded at neither.”

Showing a reasonable expectation of privacy in the place searched but denying possession is a fine line indeed. Show too much of an expectation of privacy just to challenge the search [always a risky proposition] and you might put yourself … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Standing | Comments Off

ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says

ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says by Debra Cassens Weiss:

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