Category Archives: Social media warrants

D.S.D.: SW affidavit attachments referred to in affidavit and were used at the pre-search briefing to narrow the search

The application for the search warrant could have been more clear, but it was still apparent that the attachments were incorporated, and they completed the probable cause showing. Moreover, the attachments were used in the pre-search briefing of the officers … Continue reading

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D.Kan.: All SW needed to prove was that def had a Facebook account, but the police sought the entire contents of the account; suppressed as overbroad

Defendant doesn’t lose standing to contest a Facebook warrant because he’s a sex offender and the Facebook terms of service state that sex offenders can’t have accounts. He had an account, and he had standing. While this court has found … Continue reading

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D.Conn.: Posting things to Facebook is a waiver of any REP, even in a “friends” setting

By posting to Facebook, even with a friends only setting, defendant waived his reasonable expectation of privacy in his postings. On the merits of the search warrant for Facebook, probable cause was shown. United States v. Westley, 2018 U.S. Dist. … Continue reading

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E.D.N.Y.: Facebook warrants have to be broad; showing the crime under investigation is limit enough

If probable cause is shown, Facebook warrants have to be broad. There must be some attempt to limit by at least the crime under investigation, but the result will likely be production of the entire account. That is not unreasonable … Continue reading

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Cal: Victim and witness’s public social media pages subject to subpoena by defense (with a history of the SCA)

Murder defendants sought private and public Facebook pages of the victim and state’s witnesses for their defense. The court of appeals quashed, and the court remands. The public pages shall be produced because they are public by consent. There’s a … Continue reading

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W.D.Okla.: Facebook warrant for all content not overbroad; didn’t have to limit to communications and messages

The search warrant for defendant’s Facebook was not overbroad, and it didn’t have to be limited to communications and messages. It could be for the entirety of the account for the relevant period. United States v. Varnell, 2018 U.S. Dist. … Continue reading

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