{"id":6536,"date":"2012-02-16T15:12:30","date_gmt":"2012-01-13T07:12:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-13T07:12:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6536","title":{"rendered":"CA10: No REP in rented hanger; 70% dog reliability enough for PC"},"content":{"rendered":"

A rented airplane hanger cannot be compared to a hotel room for purposes of determining a reasonable expectation of privacy. The hanger was shared with others and the owner had the ability to admit others. The fact the drug dog was only 70% reliable did not undermine probable cause. United States v. Ruiz<\/a>, 664 F.3d 833 (10th Cir. 2012) (unpublished):<\/p>\n

Finally, Mr. Ruiz cites two cases involving parking lots which, he claims, support his argument that he had a legitimate expectation of privacy in the hangar. In United States v. Ludwig, 10 F.3d 1523 (10th Cir. 1993), we held that a defendant had no reasonable expectation of privacy in a motel parking lot that “was open and visible from the public roads bordering it,” where the defendant “produced no evidence that the lot was fenced, that a gate prevented unauthorized entry, or even that signs restricted entry to the parking lot.” Id. at 1526. The parking lot was patrolled by law enforcement officers and drug dogs with permission from the motel manager. Id. at 1525. Ludwig is of no help to Mr. Ruiz. There, as here, police were present with the owner’s permission. Id. The mere fact that the defendant in Ludwig lacked a legitimate expectation of privacy in an unfenced, open parking lot does not imply that Mr. Ruiz had a privacy interest in a fenced hangar that he shared with the hangar’s owner and other customers.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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