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Cal.6: Reasonable expectation of privacy in a vehicle's "black box"

By John Wesley Hall, Jr.

Search of a vehicle’s “black box” for data a year after an accident was without a warrant and without probable cause. The motorist retained a reasonable expectation of privacy in the data in the recorder even after a year. People v. Xinos, H034305 (Cal. App. 6th Dist. February 8, 2011): In California v. Acevedo (1991) 500 U.S. 565 [111 S.Ct. 1982], the U.S. Supreme Court eliminated the warrant requirement for searching a closed container located in a vehicle where probable cause supports a search of the container but not a search of the entire vehicle. (Id. at pp. 573, 576, 579.) But the court emphasized that its holding did not expand the scope of searches permissible under the automobile exception. (Id. at p. 580.) Thus, in Acevedo, “the police had probable cause to believe that the paper bag in the automobile’s trunk contained marijuana,” which justified a warrantless search of the paper bag...continue to full post

Full post as published by Fourth Amendment on February 09, 2011 (boomark / email).