Category Archives: Social media warrants

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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S.D.N.Y.: SW over use of Instragram justifies SW for cell phone as source

Defendant’s alleged use of Instagram justifies a search warrant for his cell phone as the source of the usage. United States v. Sosa, 2019 U.S. Dist. LEXIS 58467 (S.D. N.Y. Apr. 5, 2019):

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N.D.Ga.: No nexus shown for Facebook SW, but GFE applied

The District Court disagrees with the USMJ that there was probable cause and nexus for a search warrant for defendant’s Facebook page. But, reasonable judges disagree, and that is enough for the court to conclude that the good faith exception … Continue reading

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S.D.Ill.: Merely living in a house and being alleged to be a criminal doesn’t create nexus; more is required, and the govt had it here

It is settled in this circuit that merely because a person lives in a house doesn’t create a nexus to the house for crime; more is required. Here, the government gets over that hurdle. Defendant was overheard talking about having … Continue reading

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E.D.Mo.: Def has no standing to challenge SW for another person’s Facebook account

Defendant was charged with drug dealing and the overdose death of A.C. He has no standing to challenge the search warrant for A.C.’s Facebook account. United States v. Brewer, 2018 U.S. Dist. LEXIS 220055 (E.D. Mo. Dec. 18, 2018). Despite … Continue reading

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Cal.4: There is no 4A issue in police creating fake social media identities to “friend” a suspect to see more private pages

There is no Fourth Amendment issue in a police officer posing as a false friend on social media accounts to see defendant’s private pages he shares with others. Here, defendant was seen wearing a gold chain taken from his robbery … Continue reading

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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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