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Office sharing does not defeat a reasonable expectation of privacy

By John Wesley Hall, Jr.

Under O'Connor v. Ortega [and Mancusi v. DeForte, not cited], defendant had standing in an office shared with others in a public employment context. United States v. Torres-Ramos, 2008 U.S. Dist. LEXIS 89183 (C.D. Cal. October 17, 2008): As the facts illustrate, Solano possessed keys to both the manager's office and the security office, and used both offices to the exclusion of all but a small number of other employees. As prior holdings make clear, the fact that these offices may have been shared with a small number of employees and been accessible to superiors does not defeat Solano's claim of standing under the Fourth Amendment. Hence, the Court concludes that Solano had a reasonable expectation of privacy in the records kept in both the manager's office and the security office...continue to full post

Full post as published by Fourth Amendment on November 06, 2008 (boomark / email).