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E.D. Cal.: Defendant's statements in a bankruptcy proceeding showed no REP in premises

By John Wesley Hall, Jr.

Defendant's statements in a bankruptcy proceeding where he disavowed any interest in a Las Vegas house showed he had no reasonable expectation of privacy in the house. His post hoc rationalizations were not believed. Going to the merits of reasonable expectation of privacy, he loses there, too. United States v. Burke, 2009 U.S. Dist. LEXIS 4762 (E.D. Va. January 23, 2009): Prior to the search, at the time of the search, and months after the search, defendant expressly denied living at the residence and having any ownership interest in the residence or in the boxes stored in the garage and the house. His explicit statements and conduct relinquished any expectation of privacy in the place searched and the property seized. His contradictory and self-serving testimony made years after the search during the course of the criminal prosecution is not credible...continue to full post

Full post as published by Fourth Amendment on January 28, 2009 (boomark / email).