TDCAA Community
No Reasonable Expectation of Privacy

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4803001166

August 17, 2002, 21:19
JB
No Reasonable Expectation of Privacy
How many places can you name where a defendant has no expectation of privacy, such that police may secretly intercept oral communications?
August 19, 2002, 15:41
JB
The backseat of a patrol car - Meyer v. State, 2002 Tex. App. LEXIS 1876 (Tex. App. Austin Mar. 14, 2002).
August 19, 2002, 16:29
Quiet Man
Interview room at the jail.

State v. Scheineman, 2002 Tex. Crim. App. Lexis 120 (June 12, 2002).
August 19, 2002, 17:02
Judge Larry Gist
In the courtroom and in the grand jury room. Art. 38.22 ccp Section 5
August 19, 2002, 17:04
Judge Larry Gist
In the courtroom or grand jury room. See Art. 38.22 C.C.P. Section 5
August 19, 2002, 18:13
JB
Good one, Judge Gist. I imagine some of the best admissions you have heard from a defendant came during his testimony in the courtroom.
August 20, 2002, 08:40
JB
No privacy in collect phone calls from jail to someone other than an attorney. Richardson v. State, 902 SW2d 689 (Tex. Crim. App. 1995).
August 20, 2002, 09:45
Quiet Man
No expectation of privacy in cells. Hudson v. Palmer, 468 U.S. 517, 525-26 (1984)(cited in Scheineman).
August 20, 2002, 09:52
Quiet Man
No expectation of privacy as to conversations with an informant. Rovinsky v. State, 605 S.W.2d 578 (Tex. Crim. App. [Panel Op.] 1980).
August 20, 2002, 13:11
JB
The inside of a stolen car. Vidaurri v. State, 626 S.W.2d 749 (Tex. Crim. App. 1981).
August 20, 2002, 13:55
Gordon LeMaire
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.
August 21, 2002, 08:53
Quiet Man
Is the thread now expanded to all situations where a defendant lacks a reasonable expectation of privacy, or just situations involving taping?
August 21, 2002, 09:00
JB
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.