Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IN: Mere trespasser had no reasonable expectation of privacy in the property

By John Wesley Hall, Jr.

Mere trespasser to property who murdered the owners had no reasonable expectation of privacy in it to contest a search. Allen v. State, 2008 Ind. App. LEXIS 2103 (September 24, 2008): Allen was a trespasser. He did not have the owners' permission to be on the premises. Any control and possession of the Linwood residence exercised by Allen was obtained by illegal means, i.e., the alleged murder of the rightful owners. He has made no showing that he had a legitimate right to control and possess the Linwood residence. See Peterson, 674 N.E.2d at 534-35. Any expectation of privacy he had is not one that society is prepared to recognize as reasonable, and therefore he did not have an objective expectation of privacy in the premises. See Campos, 885 N...continue to full post

Full post as published by Fourth Amendment on September 28, 2008 (boomark / email).