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CO: No REP in a phone call made from a police interrogation room

By John Wesley Hall, Jr.

There is no reasonable expectation of privacy in a telephone call from a police interrogation room that the police were able to record the defendant's end of. Perhaps recognizing that the argument was borderline frivolous, the defendant argued that his speaking in Spanish manifested a REP. People v. Zamora, 2009 Colo. App. LEXIS 1562 (September 3, 2009): On appeal, Zamora contends that he had both a subjective and objective expectation of privacy in his phone statements because he spoke in Spanish. Assuming, without deciding, that Zamora demonstrated he had an actual, subjective expectation of privacy in his phone conversation by speaking in Spanish, we conclude that his expectation of privacy was not objectively reasonable. Objective reasonableness depends on "whether the government's intrusion infringes upon the personal and societal values protected by the Fourth Amendment...continue to full post

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