Category Archives: Reasonable expectation of privacy

W.D.Wis.: Code inspectors looking at ptf’s place from the street didn’t violate any REP

“Przychocki alleges that defendants Kearns, Grimm, and Schill violated her Fourth Amendment rights by surveilling her property from the street to identify code violations. The Fourth Amendment protects against unreasonable searches and seizures. A government action is a ‘search’ only … Continue reading

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CA9: No REP in data in planted GPS device

Downloading data from a planted GPS device violated no reasonable expectation of privacy. McNeely v. Loeschner, 2025 U.S. App. LEXIS 9537 (9th Cir. Apr. 22, 2025). The facts of the planted device are below: McNeely v. City of Sparks, 2024 … Continue reading

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E.D.Cal.: Squatters have no REP

Squatters have no reasonable expectation of privacy in the property they’ve appropriated. Lewis v. Blakeslee, 2025 U.S. Dist. LEXIS 75568 (E.D. Cal. Apr. 21, 2025). In a written order denying an arrest warrant of a male victim of an alleged … Continue reading

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D.Nev.: There’s no 4A claim from officers running the serial number of a gun found in plain view

There is no Fourth Amendment claim for officers running the serial number of a gun after it was lawfully encountered, so no ineffective assistance of counsel. United States v. Hylton, 2025 U.S. Dist. LEXIS 71338 (D. Nev. Apr. 14, 2025). … Continue reading

Posted in Plain view, feel, smell, Prison and jail searches, Reasonable expectation of privacy, Standards of review, Strip search | Comments Off on D.Nev.: There’s no 4A claim from officers running the serial number of a gun found in plain view

CO: PC a gun was in car permits search of trunk

Defendant was a suspect in a shooting incident. He was found outside a car. There was probable cause to believe the gun was inside the passenger compartment or trunk, even though the windows were down and the trunk closed when … Continue reading

Posted in Ineffective assistance, Probable cause, Reasonable expectation of privacy, Scope of search | Comments Off on CO: PC a gun was in car permits search of trunk

N.D.N.Y.: No REP in workplace computer

Plaintiff had no reasonable expectation of privacy in his workplace computer. Zennamo v. Cty. of Oneida, 2025 U.S. Dist. LEXIS 66916 (N.D.N.Y. Mar. 18, 2025). One officer accidentally shooting another when using deadly force against a civilian was not an … Continue reading

Posted in Computer and cloud searches, Excessive force, Informant hearsay, Reasonable expectation of privacy | Comments Off on N.D.N.Y.: No REP in workplace computer

AK: Public court filings violate no REP

“Herndon’s argument that her rights under the Fourth Amendment were violated when the superior court ‘commingled [her] private filings making it public’ is without merit. Herndon has no reasonable expectation of privacy in information that she voluntarily submitted to the … Continue reading

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CA10: Shooting yourself and calling 911 is consent to removing the bullet

Defendant reported he was shot by an intruder and called 911. He went to the hospital and a surgeon removed the bullet. The search warrant for his office for evidence of him shooting himself was specific and the good faith … Continue reading

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W.D.Mich.: Corporate Transparency Act reporting requirements are an unreasonable search

The Corporate Transparency Act reporting requirements amount to an unreasonable search under the Fourth Amendment. Small Bus. Ass’n of Mich. v. Yellen, 2025 U.S. Dist. LEXIS 40975 (W.D. Mich. Mar. 3, 2025):

Posted in Informational privacy, Reasonable expectation of privacy, Search | Comments Off on W.D.Mich.: Corporate Transparency Act reporting requirements are an unreasonable search

C.D.Cal.: “4A privileges and immunities” are two claims, not one, and both denied here

Plaintiff’s case claimed Fourth Amendment privileges and immunities, but that’s two claims because privileges and immunities is under Art. IV, § 2, cl. 1 but it doesn’t state a claim under either. Gay v. Sheriff of L.A. Cty., 2025 U.S. … Continue reading

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CA2: Officers using iPhone flashlight and camera to see through car window’s tinting did not violate any reasonable expectation of privacy.

Officers used their iPhone flashlight and camera to see through car window’s tinting, and this did not violate any reasonable expectation of privacy. Tinting the windows doesn’t create an objective expectation of privacy. United States v. Poller, 2025 U.S. App. … Continue reading

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MS: Police cell phone search as extensive as prior private search was reasonable

The warrantless search of defendant’s cell phone was the same as a private search that already occurred, and it did not violate the Fourth Amendment. Knight v. State, 2025 Miss. LEXIS 51 (Feb. 20, 2025). An NOLA officer seeing an … Continue reading

Posted in Curtilage, Private search, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on MS: Police cell phone search as extensive as prior private search was reasonable

CA8: False statement van was “secured” was based on secondhand information and was neither material or reckless

The officer’s statement that defendant’s van was “secured” was not sufficient false and misleading to even be reckless. The officer was passing on information from other officers about the van, but the windows were missing and it was accessible. United … Continue reading

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OH5: RS permits putting def into a patrol car to maintain the status quo

Officers had reasonable suspicion to initiate a brief investigative stop of defendant based on the totality of the circumstances, including the citizen’s tip, the late hour, the location, and the defendant’s suspicious behavior upon seeing them. Placing him in the … Continue reading

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Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones

Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones on SSRN. Abstract:

Posted in Constitutionally protected area, Reasonable expectation of privacy, Trespass | Comments Off on Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones

D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

Defendant’s general objections to the R&R on his search claims don’t attempt to show the alleged errors in the USMJ’s reasoning and just rehashed the original arguments. Overruled, and adopted. United States v. Shaka, 2025 U.S. Dist. LEXIS 19267 (D. … Continue reading

Posted in Consent, Curtilage, Reasonable expectation of privacy, Tracking warrant | Comments Off on D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

The ping of defendant’s cell phone to find him when a 13-year-old girl went missing was based on exigency under state statute. Brooks v. State, 2025 Ind. App. LEXIS 19 (Jan. 31, 2025). All the factors supported reasonable suspicion: CI … Continue reading

Posted in Cell phones, Emergency / exigency, Geolocation data, Reasonable expectation of privacy, Reasonable suspicion, Staleness | Comments Off on IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

N.D.Ohio: Alleged mishandling of drugs during execution of SW didn’t make them inadmissible

Even if the officers (mis)handled the drugs during the search, they’d still come into evidence at trial. United States v. McDonald, 2025 U.S. Dist. LEXIS 11844 (N.D. Ohio Jan. 22, 2025). The trial court suppressed this cell phone search as … Continue reading

Posted in Admissibility of evidence, Cell phones, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on N.D.Ohio: Alleged mishandling of drugs during execution of SW didn’t make them inadmissible

MA: Community caretaking transport of juvenile permits patdown for safety

A patdown of a juvenile found with gang members being taken to his caregiver was reasonable for safety purposes under the community caretaking function. Commonwealth v. Demos D., 105 Mass. App. Ct. 193 (Jan. 17, 2025). Reasonable suspicion not required … Continue reading

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W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP

Hidden bodycams used to record conversations in unmarked police cars between officers violated a reasonable expectation of privacy and likely Title III. Baker v. City of Pittsburgh, 2025 U.S. Dist. LEXIS 2157 (W.D. Pa. Jan. 6, 2025). The search of … Continue reading

Posted in Arrest or entry on arrest, Body cameras, Consent, Probable cause, Reasonable expectation of privacy, Surveillance technology | Comments Off on W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP