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D.N.J.: Locked entry way and signs restricting entry to common area creates no REP

By John Wesley Hall, Jr.

The defendant had no reasonable expectation of privacy in the common areas of his mother's apartment complex where he had an expectation of privacy in her apartment. "Contrary to Defendant's contention, the presence of a locked entryway and a sign on the door stating 'no visitors unless accompanied by a resident' does not demand a different result." United States v. Correa, 2009 U.S. Dist. LEXIS 30999 (D. N.J. April 9, 2009).* Defendant charged with obtaining passport by a false statement in 2008 could not argue that his passport was unlawfully seized in 1998. Alleged unlawful seizure of the passport then was not relevant to the case now because the issue here was intent. United States v. Hack, 2009 U.S. Dist. LEXIS 30822 (C.D. Cal. March 27, 2009)...continue to full post

Full post as published by Fourth Amendment on April 16, 2009 (boomark / email).