In an important criminal law decision regarding the right to privacy, the Washington Court of Appeals recently decided that the police could not enter a homeless person's tent/tarp shelter without a warrant. The decision recognizes that under Washington's Constitution, Article I, §7, a homeless person should have the same rights to privacy in his makeshift shelter that other Washington residents have in their homes or apartments.
On March 3, 2015 Division III of the Court of Appeals of Washington issued its decision in State v. Budd. This is a significant decision regarding the right to privacy in a person's home.
I wrote on April 28th about the oral argument in the United States Supreme Court concerning a warrantless search of cell phones. Today, the court decides that people's privacy interests in their cell phones are worthy of protection under the Fourth Amendment, unless the police obtain a warrant to search them.
Tomorrow, the United States Supreme Court will hear oral argument in two related cases, Riley v. California, and United States v. Wurie , that will decide an issue of vital importance to anyone who owns a cell phone who values their privacy. The court will decide whether the police can both seize a cell phone when its owner is arrested, and search its contents, all without seeking a search warrant.
In the age of Facebook, where people post the most interesting (and potentially embarrassing) things about themselves, are people really concerned about their right to privacy? In Washington, our state constitution has a very explicit protection of the right to privacy: