New Fourth Amendment Ruling Discusses Undercover Searches and Residential Entries While Recording

Undercover officers and their recording devices may lawfully enter a residence so long as the purpose of the entry is not misrepresented. 

• Warrantless entry into a residence by undercover officers 
• Surreptitious recordings by undercover officers 
• Fourth Amendment searches per Katz v. United States 
• Fourth Amendment searches per Florida v. Jardines  

A Fourth Amendment search is illegal under two legal theories: 

(1) where a suspect’s subjective expectation of privacy that society recognizes as reasonable is violated  

(2) when the government physically occupies private property for the purpose of obtaining information while engaging in conduct not explicitly or implicitly permitted by the property owner. 

Undercover Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents, working with the Costa Mesa Police Department and a confidential informant, purchased methamphetamine and firearms from Daniel Alvarado. The transaction took place in room 352 of the Valencia Inn Motel in Anaheim, California, on Jan. 9, 2020. ....