RE:There is such a thing as "Reasonable expectation of privacy"
Black Betty:
You're absolutely right, there is a reasonable expectation of privacy when: you, are in your home or other private locations, and, you take steps to make / maintain that location private. ie drawing the curtains on your windows, closing the doors and not broadcasting your activities in a manor in which your activities can be viewed, heard or otherwise generally accessed in public, by the public.
That statement was a ruling from a superior court judge in a criminal case in which i was arrested and charged with misdemeanor possession of marijuana, and subsequently convicted at trial.
The story goes like this: myself and 2 friends were on the patio, in a backyard that is completely surrounded by a 6ft 4" block wall, this wall could not be looked over by random people, as it was too tall. The property in question is a corner lot and the yard and patio sat adjacent to a major road, as the 3 of us sat and smoked a joint, a police officer pulled a car over on a traffic stop which happened to stop right along side the patio, we heard the cars stop and such, but wasnt aware it was the police, as we enjoyed our indulgence some comments were made regarding the quality of the product we had acquired. The police officer, while writing the ticket stood on the sidewalk, listening to our commentary and smelling the aroma coming from our little burning session.
After writing the ticket, he contacted a supervisor and explained the situation, the supervisor gave him permission to enter the yard without obtaining a search warrant for the purpose of investigation. in the mean time some backup had arrived and 3 officers just simply let themselves into the yard without notice or warning and proceeded to arrest the 3 of us.
We all 3 hired seasoned experienced criminal defense lawyers to defend us, we fought our defense based on invasion of privacy and illegal search and seizure and we lost. the reason we lost was exactly as stated above, the judge stated that all expectations of privacy was removed when we broadcasted our endeavors in a manor that could be seen, heard or otherwise accessed in a public manor...