MA: Leaving bags by side of road was a waiver of any REP

Defendant’s leaving belongings by side of the road was a waiver of his reasonable expectation of privacy. The fact the defendant may have thought he would get back to them did create a reasonable expectation of privacy. Commonwealth v. Nattoo, 452 Mass. 826, 898 N.E.2d 827 (2009), aff’g [and essentially adopting] Commonwealth v. Nattoo, 70 Mass. App. Ct. 625, 876 N.E.2d 431 (2007), posted here:

The judge rejected the Commonwealth’s argument that the police conducted a proper inventory search. The search was not permissible as an inventory search because, she concluded, the bags searched were not in the possession of, or carried by, the defendant at the time of his arrest. In addition, Officer Crevier failed to follow the department’s inventory policy by preparing a written inventory report at the time he searched the bags or at the time he arrived at the police station with the bags. The judge concluded that the search was a pretext for a general investigatory search, and allowed the defendant’s motion to suppress the handgun.

The Appeals Court reversed, concluding that there was no search in the constitutional sense because “the defendant could not reasonably have expected that bags he left by the side of a street would remain insulated from examination by any member of the public, including the police.” Commonwealth v. Nattoo, 70 Mass. App. Ct. 625, 626, 633, 876 N.E.2d 431 (2007). Thus, as reasoned by the Appeals Court, the defendant was unable “to establish that his subjective expectation of privacy was [objectively] reasonable,” a component necessary to a protected expectation of privacy. Id. at 630. See Commonwealth v. Montanez, 410 Mass. 290, 301, 571 N.E.2d 1372 (1991).

A traffic stop does not require a Miranda warning under Berkemer. State v. Chrzanowski, 2008 Ohio 6993, 180 Ohio App. 3d 324 (11th Dist. 2008).*

Officer’s forcing way in, breaking the latch, after responding to a 911 hang up call where the occupants refused to answer repeated knocks at the door and denied calling and lied about others being was all reasonable. Clark v. Pielert, 2009 U.S. Dist. LEXIS 126 (D. Minn. January 5, 2009),* relying on United States v. Najar, 451 F.3d 710, 712-20 (10th Cir. 2006), with similar facts.