{"id":31637,"date":"2018-02-03T11:03:02","date_gmt":"2018-02-03T16:03:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31637"},"modified":"2018-02-03T13:12:45","modified_gmt":"2018-02-03T18:12:45","slug":"ny2-former-evicted-tenants-back-on-premises-were-trespassers-and-hand-no-rep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31637","title":{"rendered":"NY2: Former evicted tenants back on premises were trespassers and had no REP"},"content":{"rendered":"<p>The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_00570.htm\">People v. McCullum<\/a>, 2018 NY Slip Op 00570, 2018 N.Y. App. Div. LEXIS 550 (2d Dist. Jan. 31, 2018).<\/p>\n<p>Defendant and others capable of consent were present. Defendant was arrested and in a patrol car. The police didn\u2019t ask him for consent, and they didn\u2019t have to. He hadn\u2019t objected or even been asked, so Georgia v. Randolph doesn\u2019t apply. United States v. Allen, 2018 U.S. Dist. LEXIS 14325 (W.D. Tenn. Jan. 30, 2018).*<\/p>\n<p>The trash pull didn\u2019t involve entry onto the curtilage to pick it up. The trash pull led to probable cause. The CI was corroborated, too. United States v. Willis, 2018 U.S. Dist. LEXIS 15801 (N.D. Ohio Jan. 31, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31637\">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":[24,19,34],"tags":[],"class_list":["post-31637","post","type-post","status-publish","format-standard","hentry","category-consent","category-curtilage","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31637","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=31637"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31637\/revisions"}],"predecessor-version":[{"id":31639,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31637\/revisions\/31639"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31637"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}