Hi,
In today's Supreme Court, I don't know which way it would go. But if the case is indeed as reported (big 'if') then I think he has grounds for appeal.
Side note: telephone landlines in suburban areas usually come to a junction box mounted outside the house. That box is only kept closed by a simple latch. Thus, since the cops can come onto your property and open this box without entering a space where you would have an expectation of privacy, would a warrant less wiretap be OK? If you paint "Do not open by order of homeowner" on that junction box, does that make a difference? How about if you leave your windows open? Can they throw Velcro covered bugs at your draperies?
--Pete
(08-29-2010, 08:38 PM)Jester Wrote: I think I agree with you about whether this should be considered exigent circumstances or not. But, rereading the opinion, it seems the judge sidestepped that issue entirely. The police did not conduct a "search", in the constitutional meaning of the term, because they did not enter into an area in which the defendant had a reasonable expectation of privacy.
In today's Supreme Court, I don't know which way it would go. But if the case is indeed as reported (big 'if') then I think he has grounds for appeal.
Side note: telephone landlines in suburban areas usually come to a junction box mounted outside the house. That box is only kept closed by a simple latch. Thus, since the cops can come onto your property and open this box without entering a space where you would have an expectation of privacy, would a warrant less wiretap be OK? If you paint "Do not open by order of homeowner" on that junction box, does that make a difference? How about if you leave your windows open? Can they throw Velcro covered bugs at your draperies?
--Pete
How big was the aquarium in Noah's ark?