 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Geraw3/15/2002
587 A.2d at 993. "In determining whether persons have a privacy interest in any given area or activity, we examine both subjective expectations and general social norms." State v. Morris, 165 Vt. at 115, 680 A.2d at 94 (citing Blow, 157 Vt. at 517-18, 602 A.2d at 555).
First, let us not forget, defendant invited the officers into his home and agreed to talk with them about allegations that he had engaged in sexual acts with a foster child. By speaking freely with officers, whom he understood were investigating his possible involvement in a serious crime, defendant could not have had a reasonable expectation that the questioning was private or would be kept private. The same conclusion is reached even viewing the facts of this case with a mind towards the heightened privacy expectation generally associated with one's home. This is not a conversation over a kitchen table between friends. He knew who he was talking to, and the purpose of the officers' visit. Would society think he had a legitimate or reasonable expectation that this exchange with police would be private? I think not.
As in Blow, the majority finds support in Commonwealth v. Blood, 507 N.E.2d 1029 (Mass. 1987) and in State v. Glass, 583 P.2d 872 (Alaska 1978). However, in these cases the conversations the courts held to enjoy an expectation of privacy were captured by confidential informants in the defendants' homes. In neither case did the defendants have reason to suspect that their conversation partners were working with the government. And, in both cases the courts anchored their analysis in whether the expectation of privacy was one society was willing to embrace. "When we confront the question whether police activities amount to a search or seizure within the meaning of art. 14 [of the Massachusetts Declaration of Rights], we ask, 'whether the defendants' expectation of privacy [in the circumstances] is one which society could recognize as reasonable." Blood, 507 N.E.2d at 1033 (citing Commonwealth v. Podgurski, 436 N.E.2d 150, 152 (1982)). " ne communicating private matters to another exhibits an actual (subjective) expectation of privacy whether or not the listener is equipped with electronic devices. The key question is whether that expectation of privacy is one that society is prepared to recognize as reasonable." Glass, 583 P.2d at 880.
Another Massachusetts case, Commonwealth v. Thorpe, 424 N.E.2d 250 (Mass. 1981), provides a succinct summation of why privacy is protected and whether warrantless, secret recordings of conversations between known police officers and suspects undermine this protection. In Thorpe, defendant moved to suppress certain tape recordings of conversations between himself and a police officer to whom he offered to sell a copy of a police sergeant's promotional examination. Wearing a tape recording device, the officer had several conversations with Thorpe. On appeal, Thorpe argued that the warrantless recordings violated his right to be free from unreasonable searches and seizures as guaranteed by art. 14 of the Massachusetts Declaration of Rights because he had an expectation of privacy in not having his conversation with the officer recorded. The court rejected this argument and held:
We do not think that free speech and privacy values are unduly threatened by the risk that when one speaks to a known police officer he may be recording the conversation. This is not the type of warrantless surveillance condemned by the courts and commentators . . . , whose impact on privacy is "such as to undermine that confidence and sense of security in dealing with one another that is characteristic of individual relationships between citizens in a free society." Thorpe, 424 N.E.2d. at 258
Page 1 2 3 4 5 6 7 8 9 10 11 12 Vermont DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|