People v. Shaw

Opinion

HUFFMAN, J.

Paul Simon wrote that “one man’s ceiling is another man’s floor.” 2 This truism of apartment dwelling also means that what might be one person’s curtilage, 3 in the context of a private single occupancy residence, becomes less subject to privacy expectations in the context of the grounds of a multi-unit apartment complex, as in this case.

It is upon this lowered expectation of privacy in a common area, as opposed to a private area, that we distinguish the case before us from People v. Camacho (2000) 23 Cal.4th 824 [98 Cal.Rptr.2d 232, 3 P.3d 878] (Cama cho), which held an…