LEGAL

RESEARCH

Use of Force
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- Critical Stages - Lineups
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  - Gilbert v. California
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The Fourth Amendment: What is a Search?
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- Origins

Reasonable Expectation of Privacy

United States v. Chadwick

Facts

Railroad officials in San Diego observed Machado and Leary load a footlocker onto a train bound for Boston. Their suspicions were aroused when they noticed that the trunk was unusually heavy for its size, and that it was leaking talcum powder, a substance often used to mask the odor of marijuana or hashish. Machado fit a drug- courier profile. The railroad officials notified DEA in San Diego who in turn notified DEA in Boston.

In Boston, DEA agents did not have a search warrant nor an arrest warrant, but they did have a trained drug dog. The agents observed Machado and Leary as they claimed their baggage and the footlocker. The agents released the drug dog near the footlocker and he covertly alerted to the presence of a controlled substance. The defendant joined Machado and Leary and together they lifted the 200-pound footlocker into the trunk of a car. At that point, the officers arrested all three. A search incident to the arrests produced the keys to the footlocker. All three were removed from the scene. Agents followed with the defendant’s car and the footlocker. Ninety minutes later the agents opened the footlocker, discovering a large amount of marijuana.

Issue

Whether the defendant can expect privacy in his trunk?

Held

Yes. The defendant’s actions indicated he wanted to preserve his privacy in the trunk.

Discussion

By placing personal effects inside a double- locked footlocker, defendants manifested an expectation of privacy in the footlocker. Since the defendants’ principle privacy interest in the locked footlocker was not in the container itself, but in its contents, seizure of the locker did not diminish their legitimate expectation that its contents would remain private. A footlocker is not open to public view and not subject to regular inspections. By placing personal effects inside a double-locked footlocker, the defendant manifested an expectation that the contents would remain free from public examination.

NOTE: This case was decided before California v. Acevedo. Today, if the officers could establish probable cause that the locker contained contraband, they could have opened it pursuant to the mobile conveyance doctrine.

Citation

433 U.S. 1, 97 S. Ct. 2476 (1977)

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