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CA1: No REP in ex-lover's apartment after being kicked out; his entry made him a trespasser

By John Wesley Hall, Jr.

Defendant had no reasonable expectation of privacy in his ex-lover’s apartment after she kicked him out. When he came back, he was a trespasser. United States v. Battle, 2011 U.S. App. LEXIS 4012 (1st Cir. March 3, 2011): Here, although Battle may have exhibited a subjective expectation of privacy in Fonseca's apartment, that expectation was objectively unreasonable because Battle did not have permission to be present. The district court found that on August 21, 2004, after the armed encounter with Rosa, Fonseca told Battle to leave her apartment and not come back. On September 2, 2004, when Battle called Fonseca and told her that the police were in her apartment, she asked Battle what he was doing at her house since he did not have permission to be there...continue to full post

Full post as published by Fourth Amendment on March 06, 2011 (boomark / email).