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While an officer may approach premises as any other person with legitimate business, defendant's partially open door did not invite an entry

By John Wesley Hall, Jr.

Defendant's use of "no trespassing" signs indicated that the police had no business going any further. "The State argues because the door was partially open, the officer's decision to enter the home was reasonable. While an open door may 'invite the gaze of curious passers-by and lessen the reasonable anticipation of privacy in the home,' it does not alone justify an officer's entry into the home." The question of "reasonable expectation of privacy" is reviewed de novo. State v. Kochel, 2008 ND 28, 2008 N.D. LEXIS 25 (February 21, 2008). So called "acting landlord" of the property had apparent authority to consent to search of property from which the defendant had been evicted. His eviction ended his reasonable expectation of privacy. State v...continue to full post

Full post as published by Fourth Amendment on February 24, 2008 (boomark / email).