By: WISCONSIN LAW JOURNAL STAFF//July 25, 2011//
Search and Seizure
Reasonable expectation of privacy
Even though the defendant had just moved into a vacant home several hours earlier, he had a reasonable expectation of privacy in it.
“[T]he government argues that four of the five Carlisle factors weigh against a finding in defendant’s favor. However, these factors should not be applied in checklist fashion; indeed, under that type of analysis the overnight guest in Olson would lose. Under the particular circumstances of this case, where defendant intended to make the house his residence, received permission from the owners to stay rent-free, moved possessions (including a bed) into the house, and ‘started living around the house,’ his expectation of privacy must be respected.”
10-CR-247 U.S. v. Rock
E.D.Wis., Adelman, J.