Category Archives: Reasonable expectation of privacy

WaPo: The Fourth Amendment and “no trespassing” signs

WaPo: The Fourth Amendment and “no trespassing” signs by Orin Kerr:

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D.Neb.: There is no REP in jail calls

Defendant’s jail calls were known by him to be subject to monitoring, and he had no reasonable expectation of privacy in them. There was probable cause for the search warrant for defendant’s email, giving the magistrate’s finding the due deference … Continue reading

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M.D.Fla.: Owner of housing rental units has no REP in the property during a tenancy from housing inspection

A housing rental partnership has standing to sue under the Fourth Amendment for rental inspection under a city ordinance because of collateral consequences to them. The inspections only occur when they are rented. The complaint fails on the merits, however, … Continue reading

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Security Info Watch: Proliferation of smart home tech creates privacy conundrum

Security Info Watch: Proliferation of smart home tech creates privacy conundrum by Adrienne Ehrhardt:

Posted in Reasonable expectation of privacy, Surveillance technology | Comments Off

MO: Using software to sort through publicly available information does not violate any REP

The use of software to sort through publicly available information does not violate any reasonable expectation of privacy. Shumate v. State, 2017 Mo. App. LEXIS 227 (March 28, 2017).* Playpen warrant sustained. United States v. Gaver, 2017 U.S. Dist. LEXIS … Continue reading

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FL4: REP in a vehicle’s black box, and a SW required to access it

There is a reasonable expectation of privacy in information held in a vehicle’s black box, and a search warrant is required to access it. State v. Worsham, 2017 Fla. App. LEXIS 4162 (Fla. 4th DCA March 29, 2017):

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Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff

Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff by Salvador Hernandez: FBI agents posed as documentary filmmakers to talk to militia members during an armed standoff in the Nevada desert, then used the recorded … Continue reading

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MO: Police could arrest def at motel and wait until next day to get into his room for nonpayment of rent

Defendant was first stopped because housekeeping at the hotel he was staying in saw dope in the room and management locked him out and called the police. He was stopped on foot and it was discovered there was a warrant … Continue reading

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A.F.Ct.Crim.App.: There’s little REP in a shared desk, and search of desk didn’t make it into SW affidavit

Appellant was an Air Force OSI investigator investigated for fraud against the government for false travel vouchers. A search of a shared desk by a coworker produced some documentation, but the government was already on to him, and a civilian … Continue reading

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D.Del.: Dog sniff at a storage unit not a search

A dog sniff at a storage unit didn’t violate any reasonable expectation of privacy. It isn’t the same as curtilage of the home. Defendant’s attempt to show a Franks discrepancy because he originally rented C43 but moved two weeks later … Continue reading

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