Category Archives: Reasonable expectation of privacy

MS applies exclusionary rule to code enforcers

A code enforcement officer violated the Fourth Amendment and the exclusionary rule is applied. JDB Rentals, LLC v. City of Verona, 2024 Miss. App. LEXIS 290 (July 16, 2024). Defendant waived (or abandoned) any reasonable expectation of privacy in his … Continue reading

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N.D.Cal.: No standing in ALPR info of car def didn’t drive

Defendant’s motion to suppress automated license plate reader (ALPR) data on the family car that he didn’t drive is denied for lack of standing. Also, the holder of the information was a third-party contractor. United States v. Butler, 2024 U.S. … Continue reading

Posted in Issue preclusion, Reasonable expectation of privacy, Standing, Surveillance technology, Unreasonable application / § 2254(d) | Comments Off on N.D.Cal.: No standing in ALPR info of car def didn’t drive

D.Mass.: Passenger putting something under the seat shows no REP

A passenger putting something under the seat when in a car manifests no reasonable expectation of privacy and thus no standing. United States v. Dunnell, 2024 U.S. Dist. LEXIS 124927 (D. Mass. July 16, 2024). (Apparently one needs to keep … Continue reading

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NM: 19-day delay getting a SW for a computer was reasonable considering the diminished possessory interest in it

“The district court concluded, after weighing Defendant’s diminished possessory interest in the tablet and the legitimate interests of law enforcement, that under the circumstances, the nineteen-day delay between when the tablet was seized and when a search warrant was obtained … Continue reading

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CA4: No REP in one’s Google location data

There is no reasonable expectation of privacy in one’s Google location data. It’s willingly shared with Google. United States v. Chatrie, 2024 U.S. App. LEXIS 16692 (4th Cir. July 9, 2024) (2-1):

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CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

Defendant attempting to thwart a search of cell phones in his car tried to break one such that it had to be forensically reviewed to get information off of it. He wasn’t under arrest. Still, his actions qualified for a … Continue reading

Posted in Ineffective assistance, Reasonable expectation of privacy, Video surveillance, Warrant execution | Comments Off on CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

CA6: No REP from ATF getting access to def’s Instagram posts with false name

Defendant is a felon who posted to Instagram pictures of him firing guns. The ATF got access to his account, and he had no reasonable expectation of privacy in it, even where the ATF agent used a fake name to … Continue reading

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CA10: No REP in fire scene premises totally destroyed

Taking of photographs of a fire scene of a mobile home that burned to the ground was not a Fourth Amendment violation. There was no reasonable expectation of privacy in the remains. United States v. Hernandez, 2024 U.S. App. LEXIS … Continue reading

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Va. Lawyers Weekly: Automatic license plate reader data suppressed

Trial court order: Va. Lawyers Weekly: Automatic license plate reader data suppressed by Nick Hurston (“A trial court found that Norfolk’s newly installed automatic license plate reader, or ALPR, camera system constituted a Fourth Amendment search and granted a defendant’s … Continue reading

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RI: REP in a police interrogation room when he was led to believe conversation with mother was private

Defendant had a reasonable expectation of privacy in a police interrogation room while he was talking to his mother under both the Fourth Amendment and the state constitution when he was led to believe it was private. “Finally, the state … Continue reading

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D.Utah: License plate readers can’t be compared to CSLI

Automatic license plate readers showing points where a vehicle was located at various times can’t be compared to CSLI. The officers also had reasonable suspicion during this stop. It also did not violate state law. United States v. Salcido-Gonzalez, 2024 … Continue reading

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D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

Posted in Consent, Exclusionary rule, Inventory, Probable cause, Reasonable expectation of privacy, Standards of review | Comments Off on D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

IA: Court ordered privilege review of search was at its expense

When the court orders privilege review for the results of a search, it’s a court expense. State v. Iowa District Court for Emmet County, 2024 Iowa Sup. LEXIS 52 (May 10, 2024). “Lenhart does not assert fraud on the court, … Continue reading

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CAAF: Service member has REP in a private barracks room because it was not shared with anyone else

A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. United States v. Rocha, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case). … Continue reading

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FL3: Cell phone dump in civil case denied; no showing of need

In a civil case, the court granted a writ of certiorari against the trial court’s order permitting access to a party’s cell phone by forensic imaging. “We recognize, of course, that Swezy is not altogether foreclosed from seeking electronically stored … Continue reading

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D.Minn.: Ion scan of apartment doorknob and lock did not violate curtilage

State officers conducted an ion scan of defendant’s apartment doorknob and lock which was legal under state law. This violated no reasonable expectation of privacy because the doorknob in an apartment hallway is not part of the curtilage. United States … Continue reading

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E.D.Pa.: Mandamus doesn’t lie to unseal SW papers

A petition for writ of mandamus doesn’t lie parallel to an action before the USMJ to unseal search warrant materials. Martino v. United States Dist. Court for the E. Dist. of Pa., 2024 U.S. Dist. LEXIS 74349 (E.D. Pa. Apr. … Continue reading

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N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside

Police knowing that defendant’s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 … Continue reading

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W.D.N.C.: No REP in a police interview room

There was no reasonable expectation of privacy in a police interview room that was recording defendant without his knowledge. Foster v. United States, 2024 U.S. Dist. LEXIS 65874 (W.D.N.C. Apr. 9, 2024). Defendant can’t raise in his 2255 his Fourth … Continue reading

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Automated License Plate Reader (ALPR) litigation

From today’s webinar by NACDL’s Fourth Amendment Center. Summary of materials here. The video will be posted on nacdl.org later.

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