Read US v. Larios, 08-1299

Conviction of defendants for drug related crimes, after they were captured on audio/video participating in drug transactions in a motel room with an undercover agent, is affirmed where: 1) any error in admitting the recording at sentencing was harmless and, as such, the question of whether the defendants had a reasonably expectation of privacy in the motel room need not be addressed; and 2) district court's rejection of a defendant's challenge to the admission of the audio recording at trial is affirmed as defendant's brief engagement with the motel room did not justify a reasonably expectation of privacy in the room, and thus his communications were not protected by Title III.

Appellate Information

• Decided 01/29/2010
• Published 01/29/2010

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, GAJARSA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. Hilary Billings for appellant Agron., Oscar Cruz, Jr., Assistant Federal Public Defender, for appellant Robles., Stephen Paul Maidman for appellant Larios.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief, for appellee.