I remember hearing a rumor that the Bill of Rights included an amendment regarding privacy. You wouldn’t know it living in our society though. Between the National Security Agency’s (NSA) massive surveillance apparatus, law enforcement’s tendency to deploy cell phone interceptors without so much as a warrant, and the recent trend of municipal governments deploying license plate scanners throughout their realm of influence it’s pretty obvious that if we had a right to privacy it’s effectively dead now. But every so often the courts find a shred of privacy remaining. When they do they work efficiently to destroy it:
It’s a case I first wrote about a year ago when the Minnesota Court of Appeals reinstated charges against a Meeker County resident after a district court threw out the case against Leona Rose deLottinville because sheriff’s deputies captured her while she was visiting a boyfriend. The lower court had also ruled that evidence seized in the arrest could not be used against her because the warrant for her arrest did not authorize police to search her boyfriend’s apartment.
In upholding that decision Wednesday, the Minnesota Supreme Court said the woman, who was suspected of possessing meth, had no greater expectation of privacy when visiting another home than in her own home. [Updated]
“We understand that a homeowner might well be surprised and distressed to learn that police may enter at any time to arrest a guest,” he said. “But there is no indication in this case of any such abuse; deLottinville was visible to the officer before he entered the home. And the question of what rights the homeowner may have in such a situation is not before us.”
In a dissent, however, Justice Margaret Chutich said
Lillehaugthe majority opinion “fails to protect the right of a host from unreasonable governmental intrusion into the sanctity of her home, a right at the ‘very core’ of the Fourth Amendment.”
Of course the majority ruled based on the rights of the kidnapped individual, which completely ignored the rights of the homeowner. At least Justice Margaret Chutich understood this fact. Unfortunately, she was part of the minority and as we all know in a democracy the majority rules.
I believe the potential for abuse of this ruling is obvious. Home owners in Minnesota can now lose their privacy privileges if they invite the wrong person over. How can a homeowner decided whether or not they’re inviting the wrong person over? I guess they have to call their local police department and ask if a warrant has been issued for any guests they have over.