Category Archives: Social media warrants

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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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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