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I don't believe the argument being used here is about expectations of privacy - its in regards to the trespassing of a police officer by interacting directly wi
by AcerbicZero 8y ago
I don't believe the argument being used here is about expectations of privacy - its in regards to the trespassing of a police officer by interacting directly with your property.
- chungleong 8y agoYour car is parked in a public space. A dog could walk by and mark it. No wanting something to happen is quite different from having a reasonable expectation it won't happen. Kyllo was decided by a narrow 5-4. That case was by far stronger. It involved a person's home, first of all. And as I mentioned, it involved the use of sophisticated equipment not generally possessed by the public. Without the camera, the police would have to enter the house to obtain the same information. One can therefore establish an equivalence between the two acts. In the present case, such equivalence does not exist. The police could conceivably just stare at the car for an hour or two. Chalking is thus only a time saver. It's not a search.