{"id":2759,"date":"2009-02-17T10:04:22","date_gmt":"2008-12-11T07:48:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-12T08:04:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2759","title":{"rendered":"MT: Conversations over commercially available hand held radios that were monitored by police had no reasonable expectation of privacy"},"content":{"rendered":"

Conversations over commercially available hand held radios that were monitored by police had no reasonable expectation of privacy under the Montana Constitution or Fourth Amendment. State v. Cotterell<\/a>, 2008 MT 409, 347 Mont. 231, 198 P.3d 254 (2008):<\/p>\n

[*P52] In the case sub judice, Cotterell asserts that he had a reasonable expectation of privacy in the conversations he had with his son over their hand-held radios. On the facts of this case, we reject Cotterell’s position. Cotterell and his son engaged in their communications using widely available hand-held radios over a public channel that can be monitored by anyone using similar equipment. Contrary to Cotterell’s assertions, these sorts of conversations cannot be considered “private.” “Where a person has gone to considerable trouble to keep activities and property away from prying eyes, the person evinces a subjective expectation of privacy in those activities and that property.” Goetz, P 29 (citing State v. 1993 Chevrolet Pickup, 2005 MT 180, P 12, 328 Mont. 10, P 12, 116 P.3d 800, P 12). In this case, rather than keeping his “activities and property away from prying eyes”–or ears, as the case may be–Cotterell actually went to “considerable trouble” to announce his activities using a media that is accessible to any member of the public with commonly available technology.<\/p><\/blockquote>\n

Jail telephone calls were validly made and introduced into evidence. The fact the phone was handed to others after the recorded voice said that calls may be recorded was not determinative. Commonwealth v. Boyarsky<\/a>, 452 Mass. 700, 897 N.E.2d 574 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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