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Criminal Law

: Fourth Amendment

MN: Defendant excluded from home by court order had no REP in it

By John Wesley Hall, Jr.

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Defendant excluded from his home by a valid court order had no reasonable expectation of privacy in it. State v. Stephenson, 2009 Minn. App. LEXIS 15 (February 3, 2009). Officer looked through car window after defendant was arrested, and he saw scales. It was close in time to the arrest, and that justified a search incident. McGarvey v. State, 2009 WY 8, 2009 Wyo. LEXIS 9 (January 29, 2009).*

Full post as published by Fourth Amendment on February 06, 2009 (boomark / email).

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