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Defendant had a reasonable expectation of privacy in a closed bag while he was visiting another, and she had no apparent authority to consent to a search of it

By John Wesley Hall, Jr.

Defendant had an expectation of privacy in a closed bag hidden in the closet of a house he was visiting. The owner had apparent authority over common areas to consent to a search, but not the bag. By closing the bag, the defendant exhibited a reasonable expectation of privacy from government intrusion. United States v. Childs, 2008 U.S. Dist. LEXIS 27525 (D. Mass. April 4, 2008): In this case, the pertinent inquiry is whether Tubbs had mutual use of and joint access to the bag. This case is similar to United States v. Botchway, where Judge Saylor found that a third party lacked actual authority to consent to a search of defendant's locked, soft-sided briefcase that was in the trunk of a car the third party was riding in. The third party in Botchway lacked authority because "the briefcase and its contents belonged to [the defendant]," there was "no evidence that [the defendant] shared access or control over the briefcase with any other person," and the defendant "did not abandon the briefcase, entrust it to another, or otherwise relinquish authority over it in any respect...continue to full post

Full post as published by Fourth Amendment on April 08, 2008 (boomark / email).