LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
- Stops-Terry/Traffic Stops
The Fifth Amendment
- Compelled
- Due Process
- Fourth Amendement Violations
- Holder of the Privelege
- Immunity
- Introductory Issues
- Miranda - Custody
- Miranda - Generally
- Miranda - Goverment Employees
- Miranda - Interrogation
  - Pennsylvania v. Muniz
  - Rhode Island v. Innis
- Miranda - Police
  - Arizona v. Mauro
  - Illinois v. Perkins
- Miranda - Right to Counsel
- Miranda - Right to Silence
- Miranda - Waiver
- Miranda Exceptions
  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
- Voluntary
Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
- Frisk
- Inspections - Border Inspections
  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
- Inspections - Special Needs
- Inspections - Structures
- Inspections - Vehicles
- Inventories
- Search Incident to Arrest
  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
- Destruction of Evidence
- Emergency Scenes
- Hot Pursuit
- Mobile Vehicles
- Plain View
Related Search and Seizure Issues
- Officer's Intent
- Other Issues
Other Cases
- Generally
Liability
- Brady Material
- Generally
Levels of Suspicion
- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
- Exceptions - Attenuation
  - Utah v. Strieff
- Exceptions - Good Faith Exceptions
- Exceptions - Impeachement
- Exceptions - Independent Source
  - Murray v. United States
- Exceptions - Inevitable Discovery
  - Nix v. Williams
- Exceptions - No Standing to Object
- Exceptions - Other Hearings
  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Reasonable Expectation of Privacy

Hoffa v. United States

Facts

The defendant, the President of Teamsters Union, was on trial for labor racketeering. During the trial, he occupied a three-room suite in a hotel. Several friends and fellow teamster officials were the defendant’s constant companions during the trial. One companion was a teamster official and a government informant.

During the trial, the defendant told this companion/informant that he was attempting to bribe jurors to insure a hung jury, and made other incriminating statements. The companion/ informant reported these statements to the government. As the defendant predicted, the jury failed to reach a verdict in the case and a mistrial was declared. The government later tried the defendant for obstruction of justice.

Issue

Whether the presence of a government informant in the defendant’s hotel room was a search?

Held

No. The defendant cannot reasonably expect privacy in conversations he openly engages in before a government informant, present by invitation of the defendant.

Discussion

The defendant has no reasonable expectation that his conversation will not be reported to the government. Where the informant was in the suite by invitation, and every conversation that he heard was either directed to him or knowingly carried on in his presence, the defendant assumes the risk that the person will maintain confidentiality. The Fourth Amendment does not protect a wrongdoer’s misplaced belief that a person to whom he voluntarily confides his wrongdoing will not reveal it.

Citation

385 U.S. 293, 87 S. Ct. 408 (1966)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege