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While defendant could exclude host from private things, a gun hidden outdoors was not private

By John Wesley Hall, Jr.

Defendant stayed on a lady's property, and he excluded her from his private papers and certain things, but she was capable of consenting to an outside search, including digging into the ground and looking in an ammunition can where police found a murder weapon. The digging was a minimal intrusion since it was outdoors. State v. Harvey, 2008 Tenn. Crim. App. LEXIS 166 (March 4, 2008).* Police may seize a vehicle in a public place that they have probable cause to believe contains contraband. United States v. Gourley, 2008 U.S. App. LEXIS 4614 (9th Cir. February 21, 2008) (unpublished).* The officer "did not violate defendant's privacy rights under the fourth amendment by asking him whether he had any knives, guns, drugs, or needles." Defendant's argument that this extended the stop was rejected...continue to full post

Full post as published by Fourth Amendment on March 06, 2008 (boomark / email).