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How many places can you name where a defendant has no expectation of privacy, such that police may secretly intercept oral communications? | ||
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The backseat of a patrol car - Meyer v. State, 2002 Tex. App. LEXIS 1876 (Tex. App. Austin Mar. 14, 2002). | |||
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Interview room at the jail. State v. Scheineman, 2002 Tex. Crim. App. Lexis 120 (June 12, 2002). | |||
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In the courtroom and in the grand jury room. Art. 38.22 ccp Section 5 | |||
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In the courtroom or grand jury room. See Art. 38.22 C.C.P. Section 5 | |||
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Good one, Judge Gist. I imagine some of the best admissions you have heard from a defendant came during his testimony in the courtroom. | |||
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No privacy in collect phone calls from jail to someone other than an attorney. Richardson v. State, 902 SW2d 689 (Tex. Crim. App. 1995). | |||
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No expectation of privacy in cells. Hudson v. Palmer, 468 U.S. 517, 525-26 (1984)(cited in Scheineman). | |||
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No expectation of privacy as to conversations with an informant. Rovinsky v. State, 605 S.W.2d 578 (Tex. Crim. App. [Panel Op.] 1980). | |||
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The inside of a stolen car. Vidaurri v. State, 626 S.W.2d 749 (Tex. Crim. App. 1981). | |||
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No expectation of privacy in jail cell or in the clothing he wears in the cell. Oles v. State, 993 SW2d 103, Texas Criminal Appeals, May 26, 1999. | |||
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Is the thread now expanded to all situations where a defendant lacks a reasonable expectation of privacy, or just situations involving taping? | |||
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On August 9, 2002, in United States v. Kelly, No. 01-40467 (5th Circuit 2002), the Court of Appeals held that a defendant had no expectation of privacy in his groin at the border. Seems a dog sniffed his groin and found Rohypnol pills brought over from Mexico. Is nothing private, anymore? PS: Yes, it would seem that this thread is morphing into something bigger. Go with the flow. | |||
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