OH7: No reasonable expectation of privacy in a police interrogation room where defendant was left alone with his wife and recorded

Defendant had no reasonable expectation of privacy in a police interview room where he was left alone with his wife and the police recorded it. He knew he was the focus of an investigation at that point. The room also had mirrors, so he had to expect people would be watching, too. The court also relies on conversations surreptitiously recorded in police cars. State v. Clemons, 2011 Ohio 1177, 2011 Ohio App. LEXIS 1015 (7th Dist. March 9, 2011).*

[*P68] As appellant recognizes, there are many out-of-state cases where courts have found that there was no reasonable expectation of privacy in a police interrogation room. See, e.g., Mai v. Horel (N.D. Cal. 2009), 2009 U.S. Dist. Lexis 19322, *7; Pestano v. State (Fla. 2008), 980 So.2d 1200, 1202; Dickerson v. State (2008), 292 Ga. App. 775, 779, 666 S.E.2d 43; Belmer v. Commonwealth (2001), 36 Va. App. 448, 461, 553 S.E.2d 123; State v. Strohl (1999), 255 Neb. 918, 925-926, 587 N.W.2d 675; Larzelere v. State (Fla. 1996), 676 So.2d 394, 405; Ahmad v. Superior Ct. (1989), 215 Cal.App.3d 528, 536, 263 Cal. Rptr. 747; In re Joseph A. (1973), 30 Cal.App. 3d 880, 886, 106 Cal. Rptr. 729. See, also, State v. Owens (S.D. 2002), 2002 SD 42, 643 N.W.2d 735, 754 (finding no reasonable expectation of privacy of detainee in telephone conversation with mother from police interrogation room due to court’s general security concerns).

Defendant argued that there was no probable cause to believe that the place of the probation search was his, despite the fact that he faxed in a change of address notice to probation that was where he moved and the fact his argument would defeat his standing. United States v. Combs, 2010 U.S. Dist. LEXIS 141966 (D. Nev. December 23, 2010).*

Officers had reasonable suspicion to stop defendant’s van in a parking lot for a suspected drug deal based on informant’s information and the actions of the van driver. State v. Ruiz-Arias, 2011 Ohio 1198, 2011 Ohio App. LEXIS 1022 (5th Dist. March 10, 2011)*; State v. Frias-Carvajal, 2011 Ohio 1197, 2011 Ohio App. LEXIS 1033 (5th Dist. March 8, 2011).