Category Archives: Computer searches

VA: P2P file sharing to access CP wasn’t a trespass on the curtilage; def consented to entry into the computer

The officer’s actions in accessing defendant’s computer files by peer-to-peer file sharing did not constitute a trespass to his curtilage in violation of the Fourth Amendment. Defendant demonstrated his consensual participation in the file sharing community by installing file sharing … Continue reading

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PA: Telling computer repair person to move files to a new hard drive was a waiver of REP

Defendant essentially waived his reasonable expectation of privacy in his computer hard drive when he took it in for repair, was told that the hard drive was failing and he needed a new one, and then directed them to move … Continue reading

Posted in Computer searches, Motion to suppress, Private search, Reasonable expectation of privacy | Comments Off

D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW

When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading

Posted in Computer searches, Informant hearsay, Nexus | Comments Off

The Intercept: Edward Snowden’s New App Uses Your Smartphone to Physically Guard Your Laptop

The Intercept: Edward Snowden’s New App Uses Your Smartphone to Physically Guard Your Laptop Haven uses the smartphone’s many sensors – microphone, motion detector, light detector, and cameras – to monitor the room for changes, and it logs everything it … Continue reading

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NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011

NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011 by Charlie Savage and Ron Nixon: Grievances over lost privacy run through a trove of roughly 250 complaints by people whose laptops and phones were searched without a … Continue reading

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WY recognizes invasion of privacy cause of action from Restatement of Torts for rental company’s tracking software on rented computers

Aspen Way leases computers in Wyoming. “The complaints each generally alleged that Aspen Way installed software on Plaintiffs’ leased computers, without Plaintiffs’ knowledge, that enabled Aspen Way to track the leased computers’ locations, remotely activate the computers’ webcams, and capture … Continue reading

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D.Ore.: Court denies stay of execution of computer SW because of lack of proof of irreparable harm

A USMJ issued a search warrant for defendant’s computer and hard drive that had not yet been searched. The USDJ declines to issue a stay to stop the ongoing search because the defense cannot show a likelihood of irreparable harm … Continue reading

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N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading

Posted in Apparent authority, Arrest or entry on arrest, Computer searches, Good faith exception | Comments Off

MO: Where 2 SWs authorize search, both have to be suppressed for def to prevail; challenging only one is moot

There were two search warrants authorizing the search of defendant’s computers for child pornography. He challenged the second but not the first, and that makes his argument moot. State v. Cato, 2017 Mo. App. LEXIS 1298 (Dec. 12, 2017). A … Continue reading

Posted in Burden of proof, Computer searches, Standards of review | Comments Off

Politico: Court filing highlights breadth of Mueller’s investigation into Manafort

Politico: Court filing highlights breadth of Mueller’s investigation into Manafort by Josh Gerstein:

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A.F.Ct.Crim.App.: Giving out Facebook ID and password over recorded jail call to get password changed was waiver of REP in Facebook page

Defendant told someone in a recorded jail call that he knew was being recorded his Facebook ID and password so it could be changed. That was a waiver of his reasonable expectation of privacy in the information on his Facebook … Continue reading

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CA11: Supervised release warrantless computer search condition isn’t limited to sex offenses

Defendant was convicted of aggravated child abuse, but not a sex offense, in state court, and that resulted in revocation of supervised release. The new sentence was 24 months confinement and 36 months supervised release. A warrantless computer search condition … Continue reading

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