Category Archives: Reasonable expectation of privacy

D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings

Once officers had a warrant authorizing capturing defendant’s cell phone pings back even in 2015, he had no reasonable expectation of privacy in his movements in public when they were following him based on the result of the pings. Therefore, … Continue reading

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CA6: Def doesn’t show officer delayed stop for drug dog; whole encounter was 5-10 minutes

Defendant argued that the officer delayed the process of issuing a traffic citation by extraneous questioning just to get a dog sniff in within the period before the traffic citation could be completed. Still, the entire process reasonably took ten … Continue reading

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W.D.Mo.: FedEx’s taking a package off its conveyor belt for a dog sniff wasn’t a seizure that interfered with def’s possessory interest

“[T]he police did not ‘seize’ the package until after the dog alerted to the presence of drugs. It was not a seizure to remove the package from the FedEx conveyor belt, carry it 200 feet to the back of the … Continue reading

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CA5: Even assuming 4A violation, ptf doesn’t show it was clearly established

“In short, we decline to opine on whether Campbell’s actions amount to a [Fourth Amendment] violation. Robles failed to meet his burden to show that such a violation was clearly established, particularly when dealing with an underlying violent crime. Accordingly, … Continue reading

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N.D.Ill.: Removing drugs from a package with an already issued anticipatory warrant and not telling court wasn’t material to PC

There was no material falsity in the affidavit for the search warrant which mentioned 58 prior international shipments to defendant’s place. Specifically, the drugs were removed from the package for the anticipatory warrant and replaced with fake stuff after the … Continue reading

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TX1: Def lost REP in his mislaid phone that somebody found and opened to try and discern the owner to return it

Defendant mislaid his cell phone, and he didn’t abandon it. Nevertheless, it was available for anyone to pick up and turn in to somebody to help find him. Moreover, it wasn’t passcode protected, and it was reasonable for someone to … Continue reading

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E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

Use of a key fob to identify defendant’ vehicle is not a search invading a reasonable expectation of privacy. United States v. Burgess, 2019 U.S. Dist. LEXIS 206776 (E.D. Pa. Nov. 29, 2019):

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PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

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W.D.Wash.: No reasonable expectation of privacy in Bitcoin records

There is no reasonable expectation of privacy in Bitcoin records. Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, 2019):

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MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

Plaintiffs’ Fourth Amendment rights were not violated by police officers taking their photographs and fingerprints based on reasonable suspicion during valid Terry stops, because plaintiffs had no reasonable expectation of privacy in physical characteristics that were constantly exposed to the … Continue reading

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WA: Washington Privacy Act prohibiting unwarned recordings does not apply to law enforcement bodycams and dash cams

The Washington Privacy Act prohibiting unwarned recordings does not apply to law enforcement bodycams and dash cams. “Conversations with uniformed, on-duty law enforcement officers are typically not private conversations.” State v. Clayton, 2019 Wash. App. LEXIS 2930 (Nov. 19, 2019):

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M.D.Ala.: One day’s GPS monitoring reasonable under Knotts, all things considered

A valuable opinion from the Middle District of Alabama on privacy v. property, mosaic theory or not, reasonable expectations of privacy on the open road. The court is constrained to find one day’s GPS tracking was reasonable under Knotts. United … Continue reading

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