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Search and Seizure — reasonable expectation of privacy

By: WISCONSIN LAW JOURNAL STAFF//August 15, 2014//

Search and Seizure — reasonable expectation of privacy

By: WISCONSIN LAW JOURNAL STAFF//August 15, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Search and Seizure — reasonable expectation of privacy

The driver of a rental car had a reasonable expectation of privacy, even though he was transporting cocaine, did not have a valid driver’s license, and left his state of residence in violation of his parole rules.

“At its core, the government’s argument conflates Walton’s alleged illegal behavior with his expectation of privacy. Obviously, one should not rent or drive a car with a suspended license, violate parole, or transport seven kilograms of cocaine. But if the Fourth Amendment suppression rule means anything, it must require that the police have a reasonable basis for searching someone other than that — as it turns out — the search uncovered illegal activity. That protection is compromised if Walton loses his standing even to challenge a car search simply because of alleged unlawful conduct that has nothing to do with his immediate possessory interest in the vehicle.”

Reversed and Remanded.

14-1177 U.S. v. Walton

Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Tinder, J.

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