Searches: Crime and United States
When the police use searches or surveillance techniques that raises Fourth Amendment concerns and initial question that must be answered is: Did the person claiming the protection of the Fourth Amendment have a reasonable expectation of privacy that was invaded by the police actions? Consider the following examples and explain whether you think the person has a reasonable expectation of privacy.
A person who is a short-term guest at a friend's home objects to a warrantless entry by the police into that home. In Georgia v. Randolph the court held that “objection to search by co-inhabitant makes search non-consensual, even though the other inhabitant gave consent to search” (Georgia v. Randolph, 2008) Depending on the length of time a person is a guest in someone’s home he may be able to have reasonable expectation of privacy within that home. However, if the guest has only been there for a day or two then that person lakes any standing to object the search of the house or the contents within the home. With the owner’s consent, police are then eligible to search the house regardless if the “short-term” guests’ objects the search.
Drug deals and other crimes sometimes take place in public restrooms. May the police look into a restroom stall to observe a crime being committed? The police needing to look into a restroom stall to observe a crime being committed depends upon the degree of the circumstance. It has been held by courts before that police can sometimes look inside a stall within a public restroom without violating the occupant’s privacy. In United States v. Hill, the courts of appeals have held “that a couple had no expectation of privacy when they enter a one toilet bathroom together” (United States v. Hill, 2001). This was determined based upon the suspicious of them needing to enter a one person bathroom together where prostitution was considered to common. The court had ruled, “They have up their expectations of privacy once they entered the public
A person who is a short-term guest at a friend's home objects to a warrantless entry by the police into that home. In Georgia v. Randolph the court held that “objection to search by co-inhabitant makes search non-consensual, even though the other inhabitant gave consent to search” (Georgia v. Randolph, 2008) Depending on the length of time a person is a guest in someone’s home he may be able to have reasonable expectation of privacy within that home. However, if the guest has only been there for a day or two then that person lakes any standing to object the search of the house or the contents within the home. With the owner’s consent, police are then eligible to search the house regardless if the “short-term” guests’ objects the search.
Drug deals and other crimes sometimes take place in public restrooms. May the police look into a restroom stall to observe a crime being committed? The police needing to look into a restroom stall to observe a crime being committed depends upon the degree of the circumstance. It has been held by courts before that police can sometimes look inside a stall within a public restroom without violating the occupant’s privacy. In United States v. Hill, the courts of appeals have held “that a couple had no expectation of privacy when they enter a one toilet bathroom together” (United States v. Hill, 2001). This was determined based upon the suspicious of them needing to enter a one person bathroom together where prostitution was considered to common. The court had ruled, “They have up their expectations of privacy once they entered the public