Category Archives: Reasonable expectation of privacy

Not too bright to use one’s military work computer to plan domestic terrorism

NYTimes: Coast Guard Officer Plotted to Kill Democrats and Journalists, Prosecutors Say:

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W.D.La.: USPS website usage records are third-party records, and def had no REP in them

The government had digital evidence that defendant tracked a package on the USPS. His motion to suppress this third-party evidence is denied. First, anybody could track a package on the USPS website if they had the tracking number, and, second, … Continue reading

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OH7: Def’s one phone call from station house was on a recorded phone with a sign it was; no REP

Defendant was just arrested, and he was given his one phone call before going to jail. The call was recorded, and the sign on the wall said it was. He had no reasonable expectation of privacy in the call. State … Continue reading

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D.Conn.: No REP in airplane and contents by absent co-conspirator who claimed ownership

There was a “ramp check” authorized by FAA regulation of a private plane at an airport in Connecticut, essentially a traffic stop. It was admitted that a small quantity of marijuana was on the plane. The automobile exception applies to … Continue reading

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CA5: Tapping a vehicle tire was a trespass but with RS and was reasonable on the totality

The tapping of a suspicious looking tire on a truck was a trespass under Jones and other cases, but the court finds it was with reasonable suspicion and reasonable on the totality. The tapping of the tire revealed that it … Continue reading

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CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds … Continue reading

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MN law that requires identifying information on renters is third party information and voluntary disclosure doesn’t offend Patel

Defendant rented a motel room in Minnesota, and state law requires the hotelier to gather certain basic identifying information about the renter. The police came and inquired of the hotel. They ran defendant’s information and learned that he’d been convicted … Continue reading

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ABA Criminal Justice: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data

ABA: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data by Melody J. Brannon, 33 Criminal Justice No. 4 at 20 (Winter 2019):

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D.Neb.: No REP in psych hospital’s bathroom stalls

There is no reasonable expectation of privacy in a psych hospital’s bathroom stalls where plaintiff was involuntarily committed. Narcisse v. Kubes, 2019 U.S. Dist. LEXIS 16111 (D. Neb. Feb. 1, 2019). There was reasonable suspicion to stop and detain defendant … Continue reading

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W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

The government can photograph defendants’ tattoos that are normally visible in daily use. The government cannot, however, photograph tattoos usually covered by clothes despite the fact they were occasionally revealed on social media pages. That’s not a waiver as to … Continue reading

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SC: Def’s treating psychiatrist’s opinion was not subject to suppression when he puts his mental capacity in issue

When defendant put his mental capacity in issue, his treating psychiatrist was a material witness. It did not violate the Fourth Amendment to obtain her records. There was no motion to suppress anything other than her opinion, not the records … Continue reading

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W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

Seizure of defendant’s clothing from a hospital room floor was justified by the plain view doctrine. United States v. Clancy, 2019 U.S. Dist. LEXIS 8471 (W.D. Tenn. Jan. 17, 2019), adopting, 2018 U.S. Dist. LEXIS 219585 (W.D. Tenn. Dec. 19, … Continue reading

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