{"id":1758,"date":"2008-06-22T06:57:18","date_gmt":"2008-02-06T05:23:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-06T05:23:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1758","title":{"rendered":"No expectation of privacy in a box shipped to an alias"},"content":{"rendered":"

An ABF employee was suspicious of cardboard boxes that were too heavy for their purported contents, and he cut a hole in the box, saw another hard box inside, and smelled fabric softener. The police were called and brought a drug dog which alerted on the box. The defendant was called, and he came and picked up the box. When he did he was arrested. The box was shipped to an alias. Because defendant did not show that he was the alias, he had no expectation of privacy in the box. State v. Kalphat<\/a>, 285 Conn. 367, 2008 Conn. LEXIS 26 (February 5, 2008).*<\/p>\n

The passenger in a stopped car was arrested for an outstanding warrant, and a search incident to a CD case found right next to him revealed ecstasy. A search of the driver found more ecstasy pills. The search of the CD case was proper under search incident under Washington law since nobody claimed control over it. The search of the driver was valid, too. State v. Bello<\/a>, 142 Wn. App. 930, 176 P.3d 554 (2008). (Note:<\/em> Lopez was the appellant, so what is the case name? It is on the court’s website as Lopez<\/em> but on Lexis as Bello<\/em>.)<\/p>\n

Eviction from a hotel room for excessive noise also brought the police who searched the room after defendant left and guns and drugs were found. He lacked an expectation of privacy because of the eviction. United States v. Banks<\/a>, 262 Fed. Appx. 900 (10th Cir. 2008), cert. denied 2008 U.S. LEXIS 4563 (June 2, 2008) (unpublished).<\/p>\n

Being under the influence of marijuana is not enough to invalidate consent. Here, the police received a 911 report of sniper fire in midday, and they rushed to the area, and spread out. They came upon defendant’s place and the door was open, and they came on to the porch and smell burning marijuana. That led to a request for consent which was found valid. United States v. Walton, 2008 U.S. Dist. LEXIS 7900 (S.D. Fla. February 4, 2008).* Comment:<\/em> From what I’ve heard from my lawyer friends who regularly partake, this holding is not hard to accept. (I may be on the NORML Legal Committee, but do not assume anything from that. Some prosecutors cross-examining me as an expert witness have, to their chagrin.)<\/p>\n","protected":false},"excerpt":{"rendered":"

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