Category Archives: Social media warrants

MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe … Continue reading

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Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools

Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools by Nicholas Iovino (“The FBI cannot hide whether it uses powerful surveillance tools to monitor the social-media activity of millions of Americans and noncitizens, a federal judge … Continue reading

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E.D.Mich.: Giving password to computer and Facebook account waived REP as to that person

Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading

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E.D.Ky.: Ten months of Facebook seizure was way overbroad, but the govt gets the benefit of the GFE

Knowing that defendant and his confederates talked about drug transactions on Facebook messenger, the limited search warrant for that was based on probable cause, and a message was recovered referring to acquiring a “ball” and it was almost certainly an … Continue reading

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W.D.Ky.: There is no suppression remedy for obtaining IP information from Facebook

IP information from Facebook is not subject to suppression by statute. There are civil and criminal penalties, and that’s it. As for the search warrant for his house, it was constitutionally particular. United States v. Carter, 2019 U.S. Dist. LEXIS … Continue reading

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Reason: No Probable Cause Required for Cops To Access User Data From Popular Apps

Reason: No Probable Cause Required for Cops To Access User Data From Popular Apps by Ben McDonald: Only three states require police to obtain a warrant before requesting private user data from companies.

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LA4: Def has no REP in his shooting victim’s Instagram account

Defendant was accused of a murder. The state got a search warrant for the victim’s Instagram account, and he moved to suppress. [Remember, Louisiana gives broad standing, but, still] He has no reasonable expectation of privacy in the place searched. … Continue reading

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E.D.N.Y.: Facebook SW was far too broad, but court declines to decide 4A question and goes with GFE instead

This Facebook warrant just seeks way, way too much information when it could have been far more narrowly tailored. “That said, the court need not decide whether the Facebook Warrant violated the Fourth Amendment because, even if it did, the … Continue reading

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Virginia Gazette: Police department searches of social media, cellphone data increasingly common

Virginia Gazette: Police department searches of social media, cellphone data increasingly common by Steve Roberts Jr: According to a Virginia Gazette analysis of 511 search warrants digitized and filed in the Williamsburg-James City County Circuit Court since 2011, there has … Continue reading

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CA8: PC shown for Facebook SW; no suppression just because Facebook produced on the 15th day

Officers had seen photographs on defendant’s Facebook page holding guns, and he was a convicted felon. There was thus probable cause for a search warrant to Facebook to produce the account. The warrant was served on Facebook with a 14 … Continue reading

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Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole

Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole by Nick Sibilla:

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New Law Review Article: Contracting for Fourth Amendment Privacy Online

New Law Review Article: Contracting for Fourth Amendment Privacy Online by Wayne A. Logan & Jake Linford, Minnesota Law Review, Forthcoming: Abstract:

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