Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
Criminal suspects whose conversations were secretly recorded as they rode in the back of a police van had no reasonable expectation of privacy, the U.S. Court of Appeals for the Seventh Circuit held Feb. 17 ( United States v. Paxton , 2017 BL 48962, 7th Cir., 14- 2913, 2/17/17 ).
It’s already established in law there is no expectation of privacy in a marked police cruiser, according to an opinion written by Judge Ilana Diamond Rovner, and the appeals court made no exception for the van carrying five men charged with robbery and drug-related crimes in Chicago.
The two are similar to mobile jail cells, where there are no privacy expectations, the court noted.
The recordings, captured by audio and visual devices hidden in the van, did not violate the suspects’ Fourth Amendment protection from unreasonable search through government intrusion of their privacy, the appeals court said.
The decision reversed a district court ruling that suppressed the taped conversations.
The lower court held that the characteristics of the van, with the its solid steel compartments and double plexiglass windows separating the driver and front-seat passenger from the others, afforded the suspects a reasonable expectation of privacy.
The appeals court also pointed to heightened public scrutiny of law enforcement actions stemming from the deaths of suspects in custody as a reason to expect surveillance in any police vehicle.
The U.S. Attorney’s Office represented the government. The Law Office of Standish E. Willis, Law Offices of J. Clifford Greene Jr., Law Office of Thomas C. Brandstrader, Beals Law Firm and Office of The Federal Defender Program represented the defendants.
To contact the reporter on this story: Alisa Johnson in Washington at email@example.com
To contact the editor responsible for this story: C. Reilly Larson at firstname.lastname@example.org
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)