IN: Knock-and-talk not barred by Jardines

DNA from a cold case murder was sent to a DNA genealogy company who tentatively matched defendant to the crime. Police did a trash pull and got more of a DNA match. Then they got a search warrant for his DNA. Also, the knock-and-talk at his house was not barred by Jardines; police could approach as anyone could going to the door. Corbett v. State, 2021 Ind. App. LEXIS 349 (Nov. 10, 2021).

Text message exchange with a third party is not subject to a reasonable expectation of privacy under the Fourth Amendment or Washington Constitution (refusing to extend State v. Hinton, 179 Wn.2d 862, 319 P.3d 9 (2014)). “Consistent with long-standing precedent, we hold that a cell phone owner’s voluntary consent to search text messages on their phone provides law enforcement with the authority of law necessary to justify intruding on an otherwise private affair. We also hold that a subsequent police ruse using lawfully obtained information does not constitute a privacy invasion or trespass in violation of either our state constitution or the United States Constitution.” State v. Bowman, 2021 Wash. LEXIS 655 (Nov. 10, 2021).

This entry was posted in Cell phones, Curtilage, Knock and talk, Reasonable expectation of privacy. Bookmark the permalink.

Comments are closed.