United States v. Myers

I fully concur with the Chief Judge’s rationale in disposing of the Jeneks issue. Although I also agree with my brothers’ result regarding the search question, I do not reach the issues they decide this question upon. Rather, I conclude that based on the facts of this case, the accused did not have the “legitimate expectation of privacy” necessary for him to invoke a Fourth Amendment exclusionary rule.

Under the facts as set forth in the lead opinion, I am convinced that when the accused pitched the bag containing marijuana out of his dwelling window, he did so in an effort to “rid himself” of…