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N.D.Okla.: An escapee on the lam has no subjective reasonable expectation of privacy anywhere

By John Wesley Hall, Jr.

An escape has no greater rights that he had in his prison cell or as a parolee. He essentially has no subjective reasonable expectation of privacy that anyone would recognize anywhere he is found. United States v. Cartwright, 2010 U.S. Dist. LEXIS 106473 (N.D. Okla. October 5, 2010): The question now before the Court is where to place Cartwright on the continuum of punishment between a convict in his cell and a probationer. The Court finds that there should be no functional difference between Cartwright and the prisoner in Hudson, as a prisoner may not alter the terms of his imprisonment by means of escape. Although the question is one of first impression in this jurisdiction, other circuits have held that one who effects his own escape does not gain the benefit of additional constitutional protections...continue to full post

Full post as published by Fourth Amendment on October 10, 2010 (boomark / email).