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Cal.1st: Tarp and metal frame structure over a Hummer on a campground has a reasonable expectation of privacy

By John Wesley Hall, Jr.

In a case found unique, but governed by basic principles, defendant was peddling drugs at a music festival on a campground from tarp and metal frame structure bruilt over a Hummer. This was sufficiently like a tent to have a reasonable expectation of privacy, and the structure is not governed by the automobile exception since the vehicle is within the structure. People v. Hughston, 2008 Cal. App. LEXIS 2361 (1st Dist. November 26, 2008): The particular arrangement of the vehicle and tarp structure in this case is unusual if not unique in Fourth Amendment jurisprudence. However, we conclude the tarp structure is equivalent to a large camping tent. There are superficial differences from common camping tents: the structure was makeshift, it was large enough to encompass smaller tents and an eating area, and its design incorporated the entirety of the Hummer...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).