Constitutional Violations and Reasonable Expectation of Privacy

Can a commercial premise be searched without a warrant?

Commercial premises may be searched without a warrant when the owner or operator is part of a closely regulated industry.

Can trespass by the police require suppression?

Trespass by the police does not require suppression.

Can individuals have reasonable expectation of privacy in public streets?

Individuals do not have reasonable expectation of privacy in their movements in public street. The 4th amendment do not requires probably cause to access data to track a suspect.

Can a defendant have a reasonable expectation of privacy in a store fitting room?

A person has a reasonable expectation that they will not be watched in a place that is closed from public view such as the fitting room. The customer had an expectation of privacy in the fitting room, and that expectation is one that society has recognized as justified. Therefore, a person's motion to suppress should be granted because her reasonable expectation of privacy was violated by the detective's search.

Can a car thief have reasonable expectation of privacy?

A car thief has no reasonable expectation of privacy in stolen car and lack standing to challenge a search.

Can a defendant have a reasonable expectation of privacy in an open field?

A defendant cannot have an objective reasonable expectation of privacy in an open field.

Can an overnight or family member have standing to contest a search?

An invited overnight or a family member has a reasonable expectation of privacy and standing to contest that search.

What are some examples of business that could be administrative searched without a warrant?

Examples of business that could be administrative searched without a warrant are boxing, horse raising, liquor or firearms sales.

Can the police search the garbage placed outside for collection?

Garbage placed outside for collection is deemed abandoned and the police can search it without a warrant.

What a government needs to demonstrate to have a warrantless administrative search?

Generally, the government must demonstrate that a substantial governmental interest is advanced, warrantless inspection is necessary to further the regulatory scheme and regulation must provide a constitution adequately substitute for a warrant by advising the owner or operator that the search is being made pursuant the law and is properly and limited in scope to minimize the discretion of the officers.

What would happen if a government search or arrest is made without a warrant or pursuant to a defective warrant?

If a government search is made without a warrant or pursuant a defective warrant, then absent an exception the suspect may be entitled to a suppression of the illegal obtained evidence or money damages in tort under the 1983 civil rights claim to compensate the plaintiff.

What would happen if the thief lock the stolen car in his garage?

If the thief locks the stolen car in his garage in his home than he has reasonable expectation of privacy and now he has standing to challenge a search.

How is the reasonable expectation of privacy at an individual's home?

Individuals are entitled to a higher reasonable expectation of privacy at their home. This protection extends to the surrounding corral or 30 to 50 feet surrounding the home. The police may not search the suspect home with heat sensors or other advance technology w/o a warrant.

Does an abandon property has reasonable expectation of privacy?

No reasonable expectation of privacy exists in abandon property which may be seized without probable cause and without a warrant.

What are the two elements of a reasonable expectation of privacy?

The defendant must show a subjective expectation of privacy; and society must recognize this objective to be reasonable.

Can the Police place a GPS tracking device on a criminal suspect's car?

The police must obtain a warrant to place a GPS tracking device on a criminal suspect's car for extended period of time.

What the suspect need to demonstrate to assert a violation of the 4th amendment?

The suspect must be able to demonstrate an objective reasonable expectation of privacy in the area searched or the things to be seized. Absence this showing the defendant lacks standing to challenge the search or seizure and to suppress the incriminated evidence obtained as a result.

When warrantless administrative searchers are permitted?

Warrantless administrative searchers are permitted when government regulation and supervision are necessary.