LAW 605 Lecture Notes - Lecture 4: Curtilage
23 Dec 2019
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Hypo #1a: police officer thinks guy is up to no good. Guy is hunched over, keeping voice really low. Officer gets closer to him and lean over to try to overhear and hears him say something incriminating. D knowingly exposed this information to the public. It"s not what is intentionally exposed, but knowingly. If knowingly expose to public, the d loses the argument about reasonable expectation of privacy: what if police officer wanted to get person and trouble and listened in, doesn"t matter. Look at the objective reasonableness of police conduct, not their intent. Hypo #2: police walk by d"s car and on the floor of the car, there is a gun. D is a felon and police use that info and arrest. If the evidence can be seen from a place where police have right to be, then it is knowingly exposed to the public and there is no reasonable right to privacy and the 4a doesn"t apply.
