Category Archives: Reasonable expectation of privacy

TX1: Def lost REP in his mislaid phone that somebody found and opened to try and discern the owner to return it

Defendant mislaid his cell phone, and he didn’t abandon it. Nevertheless, it was available for anyone to pick up and turn in to somebody to help find him. Moreover, it wasn’t passcode protected, and it was reasonable for someone to … Continue reading

Posted in Abandonment, Cell phones, Reasonable expectation of privacy | Comments Off on TX1: Def lost REP in his mislaid phone that somebody found and opened to try and discern the owner to return it

E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

Use of a key fob to identify defendant’ vehicle is not a search invading a reasonable expectation of privacy. United States v. Burgess, 2019 U.S. Dist. LEXIS 206776 (E.D. Pa. Nov. 29, 2019):

Posted in Reasonable expectation of privacy, Search | Comments Off on E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

Posted in Informant hearsay, Reasonable expectation of privacy, Third Party Doctrine, Warrant execution | Comments Off on PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

W.D.Wash.: No reasonable expectation of privacy in Bitcoin records

There is no reasonable expectation of privacy in Bitcoin records. Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, 2019):

Posted in Reasonable expectation of privacy, Third Party Doctrine | Comments Off on W.D.Wash.: No reasonable expectation of privacy in Bitcoin records

MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

Plaintiffs’ Fourth Amendment rights were not violated by police officers taking their photographs and fingerprints based on reasonable suspicion during valid Terry stops, because plaintiffs had no reasonable expectation of privacy in physical characteristics that were constantly exposed to the … Continue reading

Posted in Excessive force, Reasonable expectation of privacy, Stop and frisk | Comments Off on MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

WA: Washington Privacy Act prohibiting unwarned recordings does not apply to law enforcement bodycams and dash cams

The Washington Privacy Act prohibiting unwarned recordings does not apply to law enforcement bodycams and dash cams. “Conversations with uniformed, on-duty law enforcement officers are typically not private conversations.” State v. Clayton, 2019 Wash. App. LEXIS 2930 (Nov. 19, 2019):

Posted in Reasonable expectation of privacy | Comments Off on WA: Washington Privacy Act prohibiting unwarned recordings does not apply to law enforcement bodycams and dash cams

M.D.Ala.: One day’s GPS monitoring reasonable under Knotts, all things considered

A valuable opinion from the Middle District of Alabama on privacy v. property, mosaic theory or not, reasonable expectations of privacy on the open road. The court is constrained to find one day’s GPS tracking was reasonable under Knotts. United … Continue reading

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on M.D.Ala.: One day’s GPS monitoring reasonable under Knotts, all things considered

VT: Game wardens’ entry on def’s curtilage to investigate deer jacking was reasonable as was look through detached garage window

Defendant was suspected of “deer jacking,” shooting a deer from outside the window of a homeowner before 4 am on Thanksgiving Day 2017. A game warden investigated at the scene finding deer blood and hair. The game warden had a … Continue reading

Posted in Curtilage, Reasonable expectation of privacy | Comments Off on VT: Game wardens’ entry on def’s curtilage to investigate deer jacking was reasonable as was look through detached garage window

D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

Defendant’s government work emails were searched without a warrant, and it’s clear, based on warnings on the computer at every sign in and regular training, that he was well aware everything on the computer has no reasonable expectation of privacy. … Continue reading

Posted in Computer and cloud searches, E-mail, Reasonable expectation of privacy | Comments Off on D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

E.D.Ky.: Govt didn’t exceed NCMEC’s private search

NCMEC was a private entity and not a government actor. The government didn’t exceed the private search. United States v. Kendall, 2019 U.S. Dist. LEXIS 192442 (E.D. Ky. Nov. 6, 2019). Defendant had no reasonable expectation of privacy in an … Continue reading

Posted in Burden of proof, Cell site location information, Private search, Reasonable expectation of privacy | Comments Off on E.D.Ky.: Govt didn’t exceed NCMEC’s private search

C.D.Cal.: LA ordinance on providing hotel rental info valid under Patel

An LA ordinance requires certain information from hotel and motel renters which survives analysis under Patel. The information is not private information, and it’s not even a search. If it was, it would be a valid administrative search. City of … Continue reading

Posted in Administrative search, Reasonable expectation of privacy | Comments Off on C.D.Cal.: LA ordinance on providing hotel rental info valid under Patel

CA9: Use of another’s wireless router was not protected by any REP; police tracked def with Moocherhunter

After child pornography was found exchanged on a peer-to-peer connection from a specific IP address, government agents got a search warrant for that home address in apartment 242. Once there, they determined that no devices there were involved. They found, … Continue reading

Posted in Reasonable expectation of privacy | Comments Off on CA9: Use of another’s wireless router was not protected by any REP; police tracked def with Moocherhunter