Category Archives: Reasonable expectation of privacy

FL2: Def has standing in a package shipped to him under an assumed name

Defendant stated enough to get a hearing on his post-conviction claim that his defense counsel didn’t properly pursue a motion to suppress a package shipped to him under an assumed name, giving him standing in the package, on the ground … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off

VA: Hotel contract said mgr could enter at will, and that was consent

Defendant rented a hotel room for a week through one Heid because he didn’t have an ID, and he paid Heid for it. The contract Heid signed allowed entry by the hotelier into the room up to once a week … Continue reading

Posted in Consent, Reasonable expectation of privacy | Comments Off

Law Review: The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless

The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless by Lindsay J. Gus in University of Chicago Law Forum

Posted in Reasonable expectation of privacy | Comments Off

NH: Entering apt building hallway to knock on door to tell def police were taking his gf to hospital didn’t violate REP or Jardines

Defendant’s girlfriend was sitting bent over in the front yard of their apartment building (actually a rooming house with numbered and locked doors with a common hallway). She was under the influence of something and was going to the hospital. … Continue reading

Posted in Computer searches, Consent, Reasonable expectation of privacy | Comments Off

N.D.Ga.: A wire mesh “ceiling” over a storage unit doesn’t provide a REP from someone climbing a ladder and looking

A defendant lacked a reasonable expectation of privacy in a storage unit with a wire mesh “ceiling” where the officer used a ladder and looked over the wall. There was insufficient effort to maintain privacy from others just looking. United … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

Talk Business: GPS technology benefits used car industry, privacy concerns remain

Talk Business: GPS technology benefits used car industry, privacy concerns remain; used car sales to rise in 2017 by Jeff Della Rosa

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off

OH3: CI invited in could record def in home

It does not violate the Fourth Amendment for a CI invited into defendant’s house for a drug deal to surreptitiously video record it. State v. Valdez, 2017-Ohio-241, 2017 Ohio App. LEXIS 242 (3d Dist. Jan. 23, 2017). Defendant claims he … Continue reading

Posted in Consent, Reasonable expectation of privacy | Comments Off

W.D.Va.: Leaving cell phone outside fed courthouse under ashtray, where CSOs commonly recommended hiding phones, was a waiver of REP in phone, albeit not abandonment

Defendant came to the federal courthouse because his mother was being arrested, and DHS officers invited him there. He did not know that he had an arrest warrant, too. When he got to the courthouse, he was told he couldn’t … Continue reading

Posted in Abandonment, Reasonable expectation of privacy | Comments Off

VA: While def didn’t have standing as to whole car, he did in the space immediately around him, relying on Jones GPS case

Defendant passenger was removed from a car after a traffic stop, and the officer with the defendant directed another to look for what he thought was a gun, which the other officer found. Defendant was held not to have standing … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off

OR: Trash collector could segregate def’s trash for police

Defendant’s trash was segregated by the private contractor working for the city on defendants’ collection days. That is virtually indistinguishable from State v. Howard, 204 Ore. App. 438, 129 P.3d 792 (2006), aff’d, 342 Ore. 635, 157 P.3d 1189 (2007), … Continue reading

Posted in Reasonable expectation of privacy | Comments Off