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CA1: Rooming house owner had REP in common areas of whole building

By John Wesley Hall, Jr.

The First Circuit held that the renter of an large building who allowed others to live somewhat communally had a reasonable expectation of privacy [as they all would] in what would otherwise be common area. Is it an apartment house or a rooming house? If the latter, there is a reasonable expectation of privacy in the common areas. This was the latter. United States v. Werra, 2011 U.S. App. LEXIS 5741 (1st Cir. March 22, 2011): Thus, we agree with the district court that, unlike the typical expectation-of-privacy inquiry, which focuses solely on the particular location in which the evidence the defendant seeks to suppress was found, see, e.g., United States v. Bucci, 582 F.3d 108, 116 (1st Cir. 2009) (front of home, as viewed by video camera); Rheault, 561 F...continue to full post

Full post as published by Fourth Amendment on March 25, 2011 (boomark / email).