Category Archives: Reasonable expectation of privacy

IL: Gunshot victim has REP in his clothes from search in ER

Despite being a gunshot victim and gunshot injuries being reported to police, defendant had a reasonable expectation of privacy in the emergency room from officers coming in to search his pants pockets. People v. Pearson, 2021 IL App (2d) 190833, … Continue reading

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LA1: Probationer wearing GPS ankle monitor has no REP in information about his movements

A probationer wearing a GPS ankle monitor has no reasonable expectation of privacy in the information that linked him to an armed robbery while he was on probation. State in the interest of T.B., 2021 La. App. LEXIS 188 (La. … Continue reading

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D.N.H.: Police working forced security in a bar open area aren’t violating 4A

Plaintiffs run a bar, and they complain they were required to have police on duty and in the premises on certain nights. Without an allegation that the officers entered any part of the business that is private [such as an … Continue reading

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D.Mass.: No REP in an apt wrongfully entered by def

Defendant had no objective reasonable expectation of privacy in an apartment he wrongfully entered and assaulted the occupant. A black case he kept there had a subjective expectation of privacy but not an objective one. United States v. John, 2021 … Continue reading

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E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

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CA3: No REP in cell phone subscriber records

There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading

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GA: LPN at nursing home had no REP in patient’s room from video recording

A rehabilitation center resident’s son put a video camera in his father’s room because of the father’s concern that “strange things” were happening there at night. The resident wanted his son to stay there but he couldn’t because of his … Continue reading

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M.D.Fla.: Storage unit rental agreement consented to landlord entry

The rental agreement for defendant’s storage unit itself showed there was no reasonable expectation of privacy in the unit if the landlord suspected unlawful or unsafe use. Here, there was a dog sniff outside the door. “Because Defendant consented to … Continue reading

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NH: Tenant showed a REP in apt building’s utility closet, but not in vestibule

On the totality under the state constitution, defendant had a reasonable expectation of privacy for a pair of wet boots hidden in a utility closet in an apartment building’s vestibule closet. He manifested the expectation of privacy by his actions, … Continue reading

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CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment

The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading

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CA11: No REP in one’s email address held by IP company under third-party doctrine

“This appeal requires us to decide whether the government needed a warrant to obtain a criminal suspect’s email address and internet protocol addresses from a third party’s business records. It also requires us to decide whether probable cause supported a … Continue reading

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NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading

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E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP

Defendant was in a motel room coming out of the shower when the police came in. His own assertion he was an overnight guest for the previous two nights alone was insufficient to show his standing. United States v. McDaniels, … Continue reading

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NY: Stop for center brake light being out was reasonable basis under statute

The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading

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FL1: No REP in GPS installed in car def borrowed from a friend

Defendant had taken a car from a friend, and the car had a GPS installed by agreement between the owner and the finance company. The car owner didn’t know whether it had been stolen, and reported it to the police. … Continue reading

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D.N.M.: Def’s subjective expectation of privacy in Chatstep isn’t enough for a REP

Defendant’s subjective expectation that communications on Chatstep were private isn’t enough for a reasonable expectation of privacy. United States v. Rosenschein, 2020 U.S. Dist. LEXIS 211433 (D.N.M. Nov. 12, 2020):

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