Category Archives: Reasonable expectation of privacy

St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis

St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis by Emily Woodbury (“Last October on St. Louis on the Air, the CEO of the Ohio-based company Persistent Surveillance Systems described his wish to bring the company’s … Continue reading

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CA11: Carpenter isn’t retroactive; successor habeas denied

Defendant’s CSLI claim can’t be brought as a successor habeas petition. Carpenter isn’t retroactive. In re Witherspoon, 2020 U.S. App. LEXIS 29717 (11th Cir. Sept. 17, 2020). Defendant was in a stolen vehicle and had a backpack in it while … Continue reading

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D.N.H.: State liquor agents’ entry into public areas of licensee was reasonable as under administrative authority

NH state liquor agents didn’t violate the Fourth Amendment by entering public space of a regulated establishment to issue verbal warnings. The state supreme court has already held that liquor licensees were highly regulated businesses. E. Coast Serv. Indus. Co. … Continue reading

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WA: Ruse text messages with known contact violated state REP

A ruse police text message exchange with defendant with one of his known contacts violated his reasonable expectation of privacy under the state constitution’s right of privacy. State v. Bowman, 2020 Wash. App. LEXIS 2463 (Sept. 8, 2020):

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D.Ariz.: No REP in one’s criminal history from examination

There is no reasonable expectation of privacy in an inmate’s criminal history search that led to a detainer. Brink v. Herron, 2020 U.S. Dist. LEXIS 162680 (D. Ariz. Aug. 7, 2020). Defendant’s application for a successor 2255 based on defense … Continue reading

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AK: Aerial surveillance of a residential backyard to photograph it with a telephoto lens violates the state constitution

Aerial surveillance of a residential backyard to photograph it with a telephoto lens violates the Alaska Constitution where the landowner took precautions to protect his privacy at ground-level. McKelvey v. State, 2020 Alas. App. LEXIS 71 (Sept. 4, 2020):

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AR: No REP in camera planted in someone else’s bedroom

Defendant had no reasonable expectation of privacy in a camera planted for video voyeurism in someone else’s bedroom. Powell v. State, 2020 Ark. App. 371, 2020 Ark. App. LEXIS 416 (Sept. 2, 2020):

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MT: Renter of person on probation isn’t subject to landlord’s probation search

Defendant rented an outbuilding as a residence from a person on probation. His separate room was not subject to the landlord’s probation search waiver. In addition, one doesn’t have to lock his residence to have a reasonable expectation of privacy … Continue reading

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W.D.Wash.: Govt doesn’t need SW to search its own records

The government doesn’t need a search warrant to search its own records. No case says anything like that, and there is no reasonable expectation of privacy in the private sense. United States v. Fanyo-Patchou, 2020 U.S. Dist. LEXIS 155998 (W.D. … Continue reading

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D.P.R.: Def retained REP in backpack he stored in a car he wasn’t riding in

Defendant retained a reasonable expectation of privacy in a backpack that he placed in a car that he wasn’t in when it was searched. “The following circumstances established that the defendant possessed a reasonable expectation of privacy in the briefcase: … Continue reading

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D.Mont.: Articulable suspicion not needed to run a license plate

Articulable suspicion not needed to run a license plate. United States v. Thompson, 2020 U.S. Dist. LEXIS 154156 (D. Mont. Aug. 24, 2020). Defense counsel wasn’t ineffective for not moving to suppress alleged overseizure of a doctor’s patient records where … Continue reading

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CA11: Mere trespasser in driveway had no REP there

Defendant was parked in the driveway of what was supposed to be at the time an unoccupied house, and a neighbor called the police. Defendant told them he was an invited visitor, but it was found he lacked a reasonable … Continue reading

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E.D.Mo.: No REP against photographing tattoo on chest at time of arrest

Defendant had no reasonable expectation of privacy not to have a tattoo on his chest under his shirt photographed on his arrest. Therefore, defense counsel wasn’t ineffective for not raising it. Shumpert v. United States, 2020 U.S. Dist. LEXIS 149584 … Continue reading

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IA: No REP in contents of car visible by flashlight in a hotel parking lot

There is no reasonable expectation of privacy in the inside of a car in a hotel parking lot that could be seen by an officer with a flashlight. State v. Bean, 2020 Iowa App. LEXIS 825 (Aug. 19, 2020). The … Continue reading

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CA5: Text messages on state employee’s state-issued cell phone were reasonably searched under Quon

The search of text messages on a state administrative enforcement officer’s state issued cell phone was reasonable under City of Ontario v. Quon. Tingle v. Hebert, 2020 U.S. App. LEXIS 26057 (5th Cir. Aug. 17, 2020). Defendant’s renting a car … Continue reading

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CA9: Hotel occupancy ends when manager kicks you out

“The district court correctly determined that Ford lacked standing to challenge the officers’ entry into the hotel room under the Fourth Amendment because any reasonable expectation of privacy Ford had in the room, which had been rented by Ford’s co-defendant … Continue reading

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