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Criminal Law

: Fourth Amendment

CA2: Passenger has REP in his bag in the passenger compartment

By John Wesley Hall, Jr.

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Defendant passenger in a car, whose bag was right behind him in the car, had an expectation of privacy in the bag. His consent to search was valid. United States v. Sparks, 2008 U.S. App. LEXIS 15634 (2d Cir. July 24, 2008) (unpublished).* Defendant had no reasonable expectation of privacy against police entry into a common hallway shared with others. United States v. Gray, 2008 U.S. App. LEXIS 15781 (2d Cir. July 25, 2008) (unpublished).* Officers had probable cause to arrest the defendant who drove another man to a police sting to buy drugs. He statement was voluntary. United States v. Delossantos, 2008 U.S. App. LEXIS 15727 (2d Cir. July 25, 2008).*

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

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