What is the test for privacy rights in drug dealing?

California, United States of America


The following excerpt is from People v. Camacho, 23 Cal.4th 824, 3 P.3d 878, 98 Cal.Rptr.2d 232 (Cal. 2000):

"In sum, although the defendants could easily have shielded their activities from public view, they failed to take the simple and obvious steps necessary to do so. By exposing their illicit cocaine activities to the side yard a place where they should have anticipated that other persons might have a right to be defendants failed to exhibit a subjective expectation that they intended their dealings in the bedroom to be private. Hence, the police observations did not violate defendants' Fourth Amendment rights...." (United States v. Fields, supra, 113 F.3d at pp. 321-322; see also United States v. Conner, supra, 478 F.2d 1320, 1323 [emphasizing that even if the police officer's observations were made from the concrete apron outside the rear door of the defendant's garage, the apron abutted a public alley and therefore the defendant lacked any reasonable expectation of privacy].)

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