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Officer looking through a crack in a garage door was lawful

By John Wesley Hall, Jr.

An officer looking through a crack in a business garage door at night violated no expectation of privacy. The defendant and another were packaging marijuana. State v. Darell, 2008 La. App. LEXIS 360 (4th Cir. March 12, 2008).* Defendant's denial of ownership in a shower bag disclaimed his expectation of privacy in it. Under state law, even as a passenger, he would have had expectation of privacy in his own property contained in the car, but he denied ownership. State v. Breese, 2008 Mo. App. LEXIS 333 (March 14, 2008).* Record supported conclusion that defendant was not too intoxicated to make a statement about his DUI arrest. State v. Vanhoose, 2008 Ohio 1122, 2008 Ohio App. LEXIS 976 (4th Dist. March 5, 2008).*

Full post as published by Fourth Amendment on March 17, 2008 (boomark / email).