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ID: Reasonable expectation of privacy found in a camouflaged hooch in a forest; "worthy" v. "unworthy" living quarters argument rejected

By John Wesley Hall, Jr.

Idaho finds a reasonable expectation of privacy in a camouflaged hooch in a National Forest because he had a subjective expectation of privacy in a temporary dwelling, and even a temporary dwelling is entitled to constitutional protection. State v. Pruss, 2008 Ida. LEXIS 51 (March 27, 2008): The first inquiry under the two-part test is an issue of fact. Did Pruss have a subjective expectation of privacy in his hooch? The district court found that he did. That finding is supported by substantial and competent evidence. Pruss attempted to camouflage his hooch so that it would not be readily observable. More significantly, one can certainly infer that a person has a subjective expectation of privacy in his dwelling, even if it is a temporary structure like a tent, travel trailer, or the hooch in this case...continue to full post

Full post as published by Fourth Amendment on March 31, 2008 (boomark / email).