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?
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 ManInterview room at the jail.
State v. Scheineman, 2002 Tex. Crim. App. Lexis 120 (June 12, 2002).
August 19, 2002, 17:02
Judge Larry GistIn the courtroom and in the grand jury room. Art. 38.22 ccp Section 5
August 19, 2002, 17:04
Judge Larry GistIn the courtroom or grand jury room. See Art. 38.22 C.C.P. Section 5
Good one, Judge Gist. I imagine some of the best admissions you have heard from a defendant came during his testimony in the courtroom.
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 ManNo expectation of privacy in cells.
Hudson v. Palmer, 468 U.S. 517, 525-26 (1984)(cited in
Scheineman).
August 20, 2002, 09:52
Quiet ManNo expectation of privacy as to conversations with an informant.
Rovinsky v. State, 605 S.W.2d 578 (Tex. Crim. App. [Panel Op.] 1980).
The inside of a stolen car. Vidaurri v. State, 626 S.W.2d 749 (Tex. Crim. App. 1981).
August 20, 2002, 13:55
Gordon LeMaireNo 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 ManIs the thread now expanded to all situations where a defendant lacks a reasonable expectation of privacy, or just situations involving taping?
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.