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IA: SW did not permit entry into separate rented bedroom in the house; renter had his own REP

By John Wesley Hall, Jr.

A search warrant for a house did not permit entry into a separate rented room within because the occupant of that room had his own expectation of privacy. State v. Fleming, 2010 Iowa Sup. LEXIS 110 (November 12, 2010): We reject the rationale behind the community-living exception. We must consider society’s generally recognized and permitted expectations about privacy with respect to roommates living together in a single-family home. “Today it is not unusual to see a group of unrelated single persons living together and sharing expenses.” Ames Rental Prop. Ass’n v. City of Ames, 736 N.W.2d 255, 266 (Iowa 2007) (Wiggins, J., dissenting).2 We do not believe that when individuals decide on this type of living arrangement, they believe they are giving up the right to privacy in their personal space...continue to full post

Full post as published by Fourth Amendment on November 16, 2010 (boomark / email).