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GA: Locked wooden workplace locker showed a reasonable expectation of privacy

By John Wesley Hall, Jr.

Defendant who built a wooden locker to keep personal belongings in a workplace sleeping area who had it locked with the only key had a reasonable expectation of privacy in the locker, and a warrant was required to enter it. Coworker did not have apparent authority to consent. Tidwell v. State, 2009 Ga. LEXIS 88 (March 9, 2009). Police officer who, at 1 a.m., came to defendant’s house and walked down 30' driveway next to house to look over fence into backyard violated defendant’s rights in his curtilage. State v. Pierce, 2009 Ore. App. LEXIS 130 (March 4, 2009) (6-4): Again, the record here is devoid of any evidence that either of the officers responding to the noise complaint had a good faith belief--let alone reasonable grounds to believe--that the noise from the residential backyard indicated "an immediate need for their assistance for the protection of life...continue to full post

Full post as published by Fourth Amendment on March 12, 2009 (boomark / email).