Category Archives: Reasonable expectation of privacy

N.D.Ill.: Two police officers whose conversation was accidentally transmitted over radio had no REP in them

Plaintiffs were police officers who had what they thought was a private conversation, but, due to a radio malfunction, it was transmitted on a channel they didn’t even use and was recorded. The conversation led to their termination. The defendants … Continue reading

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W.D.Wash.: Specialized P2P software for a CP search doesn’t otherwise create a REP issue that doesn’t exist

The government’s use of specialized software to search peer-to-peer files didn’t create a reasonable expectation of privacy claim. “RoundUp, software with certain technological modifications to a public, open-source P2P network sharing client, is designed to access public files that individuals … Continue reading

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D.Nev.: No REP in prescription drug database from police inspection

Defendant had no reasonable expectation of privacy in the Nevada prescription drug database because he willingly provided the information to the doctor and the pharmacist, and the police need cause to get access. United States v. Motley, 2020 U.S. Dist. … Continue reading

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E.D.Wis.: No REP child porn sent by Facebook Messenger won’t be retransmitted to police by Facebook

There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant … Continue reading

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E.D.Ky.: Inviting in a CI unknowingly wearing an audio-visual recording device violates no REP

Inviting in a CI unknowingly wearing an audio-visual recording device violates no reasonable expectation of privacy. United States v. Hight, 2020 U.S. Dist. LEXIS 30546 (E.D. Ky. Feb. 24, 2020):

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M.D.Tenn.: Single trash pull at a duplex with one trash container was still PC and nexus

A single trash pull that produced some evidence of limited possession at a duplex with one trash container was still probable cause with nexus to defendant. United States v. Hogan, 2020 U.S. Dist. LEXIS 30039 (M.D. Tenn. Feb. 21, 2020). … Continue reading

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N.D.Cal.: No 4A REP in VA medical records

There is no Fourth Amendment reasonable expectation of privacy in VA medical records, vis-a-vis another government agency. United States v. Grant, 2020 U.S. Dist. LEXIS 27270 (N.D. Cal. Feb. 18, 2020):

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IA: Trash container on the alley not on his property; no REP

A trash seizure [remember those?] was of trash on an alley awaiting pick up. There was no entry on the curtilage or his reasonable expectation of privacy. State v. Wright, 2020 Iowa App. LEXIS 151 (Feb. 5, 2020). The officer’s … Continue reading

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OR: Car owner had no REP from GPS installed by his company before he got the car from them

Plaintiff worked for Toyota Motor Credit and Toyota Financial Services. When he severed his employment with them, he was allowed to keep the vehicle he used for them. Unbeknownst to him, Toyota Financial Services had a GPS device on the … Continue reading

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OH6: Checking DMV records involves no 4A intrustion

“[T]he law is clear that a police officer’s check of a person’s Bureau of Motor Vehicles records does not implicate Fourth Amendment rights, as it does not constitute an invasion as it involves no intrusion.” State v. Price, 2020-Ohio-220, 2020 … Continue reading

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OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

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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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