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WA: "No Tresspassing" sign and distance from nearest road created an expectation of privacy under state law

By John Wesley Hall, Jr.

Despite the legitimate business of the police to drive down defendant's primative road to investigate a burglary nearby, the presence of "No Tresspassing" signs down this road and the long distance from the road afforded defendant an expectation of privacy from police intrusion under the state constitution. State v. Jesson, 2008 Wash. App. LEXIS 226 (January 29, 2008). The Lexis Overview: A deputy had been informed that defendant might have information regarding the possible suspects in the theft of a neighbor's property and he entered the property for the sole purpose of asking defendant about the suspects. Thus, the deputy was engaged in legitimate police business. Defendant's property was located in a remote, sparsely populated and heavily forested area...continue to full post

Full post as published by Fourth Amendment on February 25, 2008 (boomark / email).