Category Archives: Trespass

CA9: SCOTUS has never adopted trespass as a sole ground for a Fourth Amendment violation

Entry into the public areas of a motel where low income persons lived to look for code violations did not violate the Fourth Amendment. There was no reasonable expectation of privacy in those places, and the court declines to adopt … Continue reading

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TN: A “no trespassing” sign outside the yard does not prevent police from coming in to do a knock-and-talk

A “no trespassing” sign outside the yard does not prevent police from coming in to do a knock-and-talk. “Even in the face of No Trespassing signs, it is not unreasonable for a police officer to intrude upon private property to … Continue reading

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FL: Real-time cell site location information is protected under Fourth Amendment

Real-time cell site location information is protected under Fourth Amendment. Tracey v. State, 2014 Fla. LEXIS 3072 (October 16, 2014). This is a fascinating opinion, and it’s the most sensitive review of the issue yet:

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WI: Police came to a trailer park the subject of an anonymous complaint and looked in windows; it was an illegal trespass and search

Narcs received an anonymous report of drug activity at 4:40 am in a trailer park, so they went and looked around. Going up to a window and peering in with a flashlight was an invalid trespass and search. This wasn’t … Continue reading

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