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OH7: No reasonable expectation of privacy in a police interrogation room where defendant was left alone with his wife and recorded

By John Wesley Hall, Jr.

Defendant had no reasonable expectation of privacy in a police interview room where he was left alone with his wife and the police recorded it. He knew he was the focus of an investigation at that point. The room also had mirrors, so he had to expect people would be watching, too. The court also relies on conversations surreptitiously recorded in police cars. State v. Clemons, 2011 Ohio 1177, 2011 Ohio App. LEXIS 1015 (7th Dist. March 9, 2011).* [*P68] As appellant recognizes, there are many out-of-state cases where courts have found that there was no reasonable expectation of privacy in a police interrogation room. See, e.g., Mai v. Horel (N.D. Cal. 2009), 2009 U.S. Dist. Lexis 19322, *7; Pestano v. State (Fla. 2008), 980 So.2d 1200, 1202; Dickerson v...continue to full post

Full post as published by Fourth Amendment on March 17, 2011 (boomark / email).