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TN: No special REP in hallway of condo from knock-and-talk

By John Wesley Hall, Jr.

Defendant had no special expectation of privacy in the common areas of his condominium that were security by security codes. The police did a knock-and-talk and got access by entering after another tenant came out. His girlfriend admitted them, and drugs and drug paraphernalia were in plain view. State v. Talley\, 2010 Tenn. LEXIS 147 (March 19, 2010), aff’g State v. Talley, 2009 Tenn. Crim. App. LEXIS 506 (July 1, 2009): Having considered our 2001 holding in Ross and the developments in the federal courts of appeal since the Sixth Circuit decision in Carriger, we reject any bright-line rule and maintain our view that the totality of the circumstances test is best-suited for determining the reasonableness of an expectation of privacy...continue to full post

Full post as published by Fourth Amendment on March 24, 2010 (boomark / email).