{"id":17878,"date":"2015-07-02T07:51:00","date_gmt":"2015-07-02T12:51:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17878"},"modified":"2015-07-02T07:51:00","modified_gmt":"2015-07-02T12:51:00","slug":"ia-def-had-reasonable-expectation-of-privacy-in-a-motel-room-even-though-her-purpose-to-rent-it-might-have-been-infanticide","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17878","title":{"rendered":"IA: Def had reasonable expectation of privacy in a motel room even though her purpose to rent it might have been infanticide"},"content":{"rendered":"<p>Defendant concealed her pregnancy and gave birth in a motel room, apparently drowning the baby in the bathtub and leaving the body in the trash can. There was a \u201cdo not disturb\u201d sign on the door, but hotel housekeeping came in anyway and discovered blood on the carpet and in the bathroom. The housekeeper left and called management who called the police. The trial court held defendant had no reasonable expectation of privacy in the room because of her purpose, but the court concludes she did. The case is remanded for another suppression hearing where the state can develop a record on exceptions to the exclusionary rule such as inevitable discovery, community caretaking function, or private search. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Supreme_Court\/Supreme_Court_Opinions\/Recent_Opinions\/20150630\/13-0588.pdf\">State v. Tyler<\/a>,  2015 Iowa Sup. LEXIS 79 (June 30, 2015).<\/p>\n<p>A UPS manager called the police, but the police made it clear that UPS couldn\u2019t open the package for the police, but they could for themselves to satisfy UPS that it didn\u2019t contain something noxious. The officer did smell burnt marijuana on the box, and told the manager. Still, it was a private search. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201414332.pdf\">United States v. Emile<\/a>,  2015 U.S. App. LEXIS 11102 (11th Cir. June 29, 2015).*<\/p>\n<p>Defendant\u2019s girlfriend consented to an entry and search by the police. The trial court credited the police version that defendant revoked that consent when he was awakened. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2015\/2015-Ohio-2575.pdf\">State v. Young<\/a>, 2015-Ohio-2575, 2015 Ohio App. LEXIS 2493 (12th Dist. June 29, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant concealed her pregnancy and gave birth in a motel room, apparently drowning the baby in the bathtub and leaving the body in the trash can. There was a \u201cdo not disturb\u201d sign on the door, but hotel housekeeping came &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17878\">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":[24,43,18],"tags":[],"class_list":["post-17878","post","type-post","status-publish","format-standard","hentry","category-consent","category-private-search","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17878","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17878"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17878\/revisions"}],"predecessor-version":[{"id":17879,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17878\/revisions\/17879"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17878"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17878"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17878"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}