Category Archives: Reasonable expectation of privacy

E.D.Mich.: Undercover officers entering public areas of a strip club as customers not a search

First undercover officers and then other officers entered plaintiff’s strip club to investigate alleged misdeeds inside. No warrant was needed under Macon because the parts of the club entered by the officers were open to the customers. ABECE Operating v. … Continue reading

Posted in Probable cause, Reasonable expectation of privacy | Comments Off

MI: Taking ptf’s photo and prints after a valid arrest did not violate 4A

The taking of plaintiff’s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the … Continue reading

Posted in Franks doctrine, Qualified immunity, Reasonable expectation of privacy, § 1983 / Bivens | Comments Off

FL1: No REP in bloody clothes of shooting victim who came to ER: they were in plain view

Defendant was shot, and he showed up at an emergency room claiming he was the victim of a robbery. His bloody clothes were removed from him and bagged and on the floor. A police officer noticed the clothes and considered … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off

CA2: Unlicensed driver of rental car rented by another had no standing in car

The court does not have to decide whether the unauthorized driver of a rental car as to the rental contract has standing, despite being loaned the car by the renter, noting differing authorities; because defendant was also an unlicensed driver … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off

NY: No REP in LPN on any vehicle; it can be run at any time for any reason

There is no reasonable expectation of privacy in the LPN on a vehicle, and it can be run at anytime for any reason: “To ensure the safety of our roads, a police officer may run a license plate number through … Continue reading

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D.Me.: Putting an iPhone into airplane mode was not a violation of any REP

Putting a seized iPhone into “airplane mode” until a search warrant could be issued was not a search or seizure, and it did not offend a privacy interest. What officers did was contemplated by Riley. United States v. Cain, 2017 … Continue reading

Posted in Cell phones, Reasonable expectation of privacy | Comments Off

WaPo: The Fourth Amendment and “no trespassing” signs

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

Posted in Curtilage, Reasonable expectation of privacy | Comments Off

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

Posted in E-mail, Reasonable expectation of privacy | Comments Off

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