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WA: Police officer with PO does not make PO "stalking horse"

By John Wesley Hall, Jr.

A probation officer is not a “stalking horse” for the police just because a police officer comes along for the probation home visit. Also, the fact the PO that came was not defendant’s regular PO does not make it unreasonable, either. State v. Reichert, 2010 Wash. App. LEXIS 2457 (November 2, 2010).* Defendant showed up at a storage building under surveillance, and he used a unique passcode for the unit under surveillance. That was reasonable suspicion. When the police moved in, he tried to flee, and it ripened then to probable cause. United States v. Monyoukaye, 2010 U.S. Dist. LEXIS 116440 (M.D. Pa. November 2, 2010).* When a person is surreptitiously recording another in violation of that other person’s privacy, her reasonable expectation of privacy in this context was not the same as the one that had been developed under Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on November 04, 2010 (boomark / email).