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IA: State constitution does not protect against wired CI, following White

By John Wesley Hall, Jr.

The defendant’s request to hold under the state constitution that he had a reasonable expectation of privacy in a wired CI’s car is rejected, following United States v. White; if the CI could testify to the conversation as a witness, why should there be special protection against recording it? State v. Loh, 2010 ND 66, 2010 N.D. LEXIS 57 (April 6, 2010): [*P16] While our state constitution may provide greater protections than the United States Constitution, State v. Wanzek, 1999 ND 163, P 19, 598 N.W.2d 811, the defendant has provided no separate analysis of our state constitution or its history. Under the facts and circumstance of this case, we are not persuaded that our state constitution was violated by law enforcement's warrantless electronic monitoring of Loh's face-to-face conversations with the confidential informant when the conversations and drug transactions occurred in the informant's car and the informant consented to the police's electronic monitoring...continue to full post

Full post as published by Fourth Amendment on April 10, 2010 (boomark / email).