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Expectation of privacy on back porch at 11:30 p.m.

By John Wesley Hall, Jr.

(Website was bogged down this morning for some unknown reason.) Officers on plaintiff's back porch at 11:30 p.m. were clearly on the curtilage and not open files, and they were not permitted to be there. The plaintiff had a subjective and reasonable expectation of privacy in his hown as to a view in the back door at that hour. Young v. City of Radcliff, 2008 U.S. Dist. LEXIS 40960 (W.D. Ky. May 22, 2008): The first question under Katz is whether Young manifested a subjective expectation of privacy in the object of the challenged search. Burton and Smallwood's testimony indicates that they were peering into the interior of Young's home through his glass back doors, effecting a visual search of the interior of Young's home. The Supreme Court has described observation of the interior of the home as "the prototypical ...continue to full post

Full post as published by Fourth Amendment on May 27, 2008 (boomark / email).