Privacy in property searches
Emberton v. Superior Court of California
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Mihal Emberton asks whether privacy from a government search depends on whether the property was visible or on the owner's ability to keep others out. He also asks whether the place searched or the type of property taken can mean that no search occurred.
- Who it affects
- The order ends Emberton’s request for Supreme Court review without resolving the search-privacy questions he raised.
Summary: written with AI from the case record.
What it's about
Emberton’s petition asked how visibility, an owner’s right to exclude others, and the place and type of property searched relate to privacy protections.
Question presented
1. Whether the privacy deprivation resulting from a government search is determined by lack of visibility (lack of plain view) of the property searched, as this Court has held in Marshall, Ciraolo, and Dow, or by deprivation of the right to exclude others, a fundamental component of property ownership, as this Court has held in Boyd, Mapp, Griswold, Katz, United States v. United States Dist. Court for Eastern Dist. of Mich., 407 U. S. 297 (1972), Horton, and Kyllo. 2. Whether the fact that a government search occurred can be negated by the location of the search or by the type of property seized, as this Court has held in Marshall, Ciraolo, and Dow, or whether the fact that a government search occurred is independent of the location of the search and the type of property seized, as this Court has held in Boyd, Mapp, Griswold, Katz, United States v. United States Dist. Court for Eastern Dist. of Mich., 407 U. S. 297 (1972), Horton, and Kyllo.
Documents
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AI analysis generated: Case Briefing
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.