PEOPLE V TRIGGS - A NEW CONCEPT OF PERSONAL PRIVACY IN SEARCH AND SEIZURE LAW

• NCJ Number: 14982
• Journal: Hastings Law Journal Volume: 25 Issue: 3 Dated: (FEBRUARY 1974) Pages: 575-601
• Author(s): G F BUTTERWORTH
• Date Published: 1974
• Length: 27 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS 1973 CASE, THE CALIFORNIA SUPREME COURT CONDEMNED THE CLANDESTINE NATURE OF THE POLICE OBSERVATION OF PUBLIC RESTROOMS, JUDGING IT AN ILLEGAL SEARCH.

Abstract

THIS ARTICLE FOCUSES ON THE NEW DEFINITION OF PRIVACY ANNOUNCED IN TRIGGS AND HOW THAT INNOVATION AFFECTS THE LAW OF SEARCH AND SEIZURE. EXTENSIVE REFERENCES ARE MADE TO THE RELATION BETWEEN THE RIGHT TO PRIVACY AND THE PLAIN VIEW DOCTRINE. THE EARLY CALIFORNIA CASES DEALING WITH POLICE SURVEILLANCE OF PUBLIC RESTROOMS ARE REVIEWED, AND THE SHIFT IN EMPHASIS FROM THE CONCEPT OF PRIVATE 'PLACES' AND 'PLAIN VIEW' TO THAT OF PERSONAL PRIVACY, THE MEANS AND METHODS OF OBSERVATION AND THE 'REASONABLE EXPECTATION OF PRIVACY' TEST IS TRACED. THE AUTHOR ALSO CONSIDERS THE POSSIBLE RAMIFICATIONS PEOPLE V. TRIGGS COULD HAVE IN THE FIELD OF WARRANTLESS GOVERNMENTAL SURVEILLANCE AND SUGGESTS THAT THE ULTIMATE EFFECT OF THIS DECISION WOULD BE TO PRECLUDE ALL SURVEILLANCE BY GOVERNMENT AGENTS WHICH IS NOT MADE AS ANY MEMBER OF THE PUBLIC MIGHT MAKE IT. (AUTHOR ABSTRACT MODIFIED)