Comments on: Pop quiz: Reasonable expectation of privacy

By: Gideon

Gideon — Thu, 08 May 2008 19:12:50 +0000

True…I’m just trying to find the line…

By: EdinTally

EdinTally — Thu, 08 May 2008 18:50:41 +0000

The issue is; the car door being open. If you are just trying to be a good neighbor, close the door. Rummaging through personal effects inside the vehicle has nothing to do with the issue of the open door. As a private citizen, there is no responsibility to find out who the owner is and so there is still an expectation of some privacy, even if diminished.

I think there is an argument to be made against the police as well (at least beyond plain view).

By: Gideon

Gideon — Thu, 08 May 2008 17:57:40 +0000

From a common sense point of view, I’m having a hard time figuring out why anyone would leave the door to their car open for a full day in a parking lot and yet expect that no one will look inside.

By: EdinTally

EdinTally — Thu, 08 May 2008 17:46:43 +0000

Ahh but now you have an invitation involved :P. An invitation to my house, is not an invitation to my entire house.

My expectation of privacy would then extend only as far as common courtesy allows. Even if my bedroom door is open, I would not expect you to go inside the door. I would not expect you to stick your head inside the door and look around. Anything more than a curious glance would violate privacy.

Of course, floor plans would matter. If I lived in a 2-story, I wouldn’t want anyone going upstairs at all even if the doors were open.

By: Gideon

Gideon — Thu, 08 May 2008 11:30:48 +0000

Well, what if it was in your home? You invite 20 people over and leave all the doors in your home open. Do you have an expectation of privacy, then, in the contents of those rooms?

By: EdinTally

EdinTally — Thu, 08 May 2008 03:42:37 +0000

Gideon,

You’re making a huge leap here. If I leave my door unlocked, I’m not offering my personal property for public consumption. Locked or unlocked, my thinking is; no one has the right to enter my vehicle (or home) and take my things. To think otherwise it to turn criminal law on it’s head. The same logic applies if the door is ajar (imo).

By: Mark from Jersey

Mark from Jersey — Tue, 06 May 2008 22:33:41 +0000

Does that mean if you tint your windows, that you are exercising your right to have reasonable expectation of privacy, or you are inviting cops to come snooping around “what is he hiding with those tints”?

By: SPO

SPO — Tue, 06 May 2008 20:00:05 +0000

Gideon–people have a right to expect that people will follow the law, i.e., not go in your car and take stuff.

By: Gideon

Gideon — Tue, 06 May 2008 18:22:54 +0000

So this would not be a problem in your neck of the woods?

I’m not saying I’m right… I’m just exploring the line.

By: MissConductPDX

MissConductPDX — Tue, 06 May 2008 18:14:17 +0000

Damn. I’m glad I practice in Oregon.