{"id":57855,"date":"2024-05-11T13:04:43","date_gmt":"2024-05-11T18:04:43","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57855"},"modified":"2024-05-11T13:04:43","modified_gmt":"2024-05-11T18:04:43","slug":"caaf-service-member-has-rep-in-a-private-barracks-room-because-it-was-not-shared-with-anyone-else","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57855","title":{"rendered":"CAAF: Service member has REP in a private barracks room because it was not shared with anyone else"},"content":{"rendered":"\n<p>A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. <a href=\"https:\/\/www.armfor.uscourts.gov\/opinions\/2023OctTerm\/230134.pdf\">United States v. Rocha<\/a>, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case).<\/p>\n\n\n\n<p>\u201cWright asserted that because the dog could not distinguish between illegal and legal marijuana, the police lacked probable cause to search his vehicle. The trial court denied the motion and Wright entered a no-contest plea. Wright now appeals. [\u00b6] We hold that the dog&#8217;s alert, combined with the other circumstances known to the police at the time of the search, established probable cause and supported the search of Wright&#8217;s vehicle.\u201d State v. Wright, 2024-Ohio-1763 (1st Dist. May 8, 2024).*<\/p>\n\n\n\n<p>There was no basis for search of defendant\u2019s car under the automobile exception or even with a warrant that was obtained. It was so lacking in probable cause that the good faith exception does not apply. \u201cThe Court has no choice but to suppress the evidence gathered during the illegal search and seizure.\u201d United States v. George, 2024 U.S. Dist. LEXIS 83977 (W.D. Pa. May 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. United States v. Rocha, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case). &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57855\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,27,87,18],"tags":[],"class_list":["post-57855","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-dog-sniff","category-military-searches","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57855","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57855"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57855\/revisions"}],"predecessor-version":[{"id":57856,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57855\/revisions\/57856"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57855"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57855"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57855"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}