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VA: Defendant's real estate agent letting police in to look around was reasonable where there was no misrepresentation, plain view led to warrant

By John Wesley Hall, Jr.

Defendant listed his residence for sale. He had been suspected of possessing firearms. Officers contacted the real estate agent and used that for access to the house to make a walk through. Guns were seen in a gun case. The defendant waived his expectation of privacy as to that which could be easily seen by permitting the real estate agent to bring people in to look around. This plain view led to a search warrant being issued for the residence. Redmond v. Commonwealth, 2010 Va. App. LEXIS 446 (November 16, 2010): We find the analysis of the Lucatero and Ferrari decisions compelling. In this instance, Flagg accepted the offer to enter and view the home at Middle Road when he contacted the real estate agent and indicated interest in the property...continue to full post

Full post as published by Fourth Amendment on November 21, 2010 (boomark / email).