Wednesday, April 21, 2021
Joanne Choi has posted Administrative-turned-Criminal Searches: The Fragmented Privacy Rights of Occupants in Condemned Housing (Berkeley Journal of Criminal Law) on SSRN. Here is the abstract:
By analyzing the small but growing number of condemned housing cases, this Article argues that some courts are calibrating privacy rights based on a dangerous categorization of harm that disproportionately affects financially vulnerable individuals. For example, individuals in homes that are deemed unhabitable due to fire damage receive stronger constitutional protections than individuals in homes condemned for failure to maintain utilities. This Article explores the “reasonable expectation of privacy” test articulated by Justice Harlan’s concurrence in Katz v. United States, and how the subjective nature of the test—and its normative determination of the societal value of various places—allows courts to make discretionary decisions that have harmful implications for under-propertied people.