Category Archives: Reasonable expectation of privacy

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

Posted in Abandonment, Reasonable expectation of privacy | Comments Off

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

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off

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

Posted in Dog sniff, Reasonable expectation of privacy, Search | Comments Off

New law review article: Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public

Rachel Levinson-Waldman, Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public, 66 Emory L.J. 527 (2017):

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

The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents

The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents by Morgan Chalfant: The American Civil Liberties Union is moving to quash a police warrant granted to search data on a Facebook page of a group protesting … Continue reading

Posted in Computer searches, Reasonable expectation of privacy | Comments Off

AZ: No REP in conversations about def’s driving under influence when officer was there to hear it

Defendant was in a hospital room and had no reasonable expectation of privacy in his conversations on his cell phone or with medical personal admitting driving under the influence when he knew that the officer was near and could overhear … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

E.D.Cal.: 26 U.S.C. § 7609 and the Code of Professional Conduct for CPAs creates no REP; Couch remains good law

“[D]efendant Galloway moves to suppress from admission into evidence the tax records received from CPA Livsey by IRS agents, arguing that 26 U.S.C. § 7609 and the Code of Professional Conduct for CPA’s conferred upon him a reasonable expectation of … Continue reading

Posted in Reasonable expectation of privacy, Third Party Doctrine | Comments Off

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted by Tim Cushing: Thanks to the FBI’s one-to-many NIT warrant, which was issued in Virginia but reached thousands of computers all … Continue reading

Posted in Computer searches, Reasonable expectation of privacy | Comments Off

CA7: No REP re conversations with co-defs in back of a police van

Chicago courts had previously found a distinction between the reasonable expectation of privacy in conversations held in the back of a police squad car and a police van (called a squadrol). The circuit ends this distinction finding it unsupportable. There … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

GA: State computer privacy statute doesn’t protect IP information from third-party disclosure

A state computer privacy statute cannot be interpreted to protect IP information from administrative subpoena. The state courts have already held it isn’t protected because it’s third-party information. Courtney v. State, 2017 Ga. App. LEXIS 56 (Feb. 17, 2017): Here, … Continue reading

Posted in Reasonable expectation of privacy, Third Party Doctrine | Comments Off