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No expectation of privacy in a call to victim

By John Wesley Hall, Jr.

Defendant called his alleged victim while police and a social worker were there. She put it on speakerphone and they recorded it. He had no expectation of privacy in the call. Bankston v. State, 2008 Miss. App. LEXIS 540 (September 9, 2008).* Officer lacked probable cause for a blood draw after a fatal accident because there was no objective evidence that defendant was intoxicated. Alleged consent at the hospital was not voluntary because defendant was told a blood draw was going to occur. Case v. State, 2008 Tenn. Crim. App. LEXIS 720 (August 26, 2008): The facts of the case lead us to conclude that consent was neither validly given, nor, in fact, given at all. Officer Griffith, under a mistaken belief that he had the right to require the Defendant to submit to a blood test, seized him and placed him in the patrol car against the Defendant's parents' wishes...continue to full post

Full post as published by Fourth Amendment on September 14, 2008 (boomark / email).