Category Archives: Reasonable expectation of privacy

DE: No REP in shared Facebook photos

“Moreover, Harris’ contention that his public Facebook photos were ‘illegally seized’ has no merit.” There is no reasonable expectation of privacy in a shared social media post. Harris v. State, 2018 Del. LEXIS 540 (Dec. 3, 2018). Defendant argued that … Continue reading

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S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

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TX1: No REP in a contraband cell phone in a halfway house

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading

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E.D.Mich.: No REP in a police interrogation room

Defendant had no expectation of privacy in a police interrogation room that had a camera and microphone hidden in its smoke detector. He was overheard talking to his sister admitting that there was a gun linked to the crime. The … Continue reading

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LA3: No REP in a jail call to spouse

There is no reasonable expectation of privacy in a jail call to defendant’s wife. State v. Ducote, 2018 La. App. LEXIS 2297 (La. App. 3 Cir. Nov. 15, 2018).* No reasonable suspicion for extending a stop for no proof of … Continue reading

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AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings

Defendant had an opaque privacy fence and allegedly had no trespassing signs. His mailbox was outside the fence and there were security cameras. The officer passed both to come to the door to knock, and then he could smell marijuana. … Continue reading

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E.D.Tex.: Def had no REP in a stolen travel trailer

Defendant had no expectation of privacy in a stolen travel trailer that was found and searched that wasn’t his. United States v. Deckert, 2018 U.S. Dist. LEXIS 178036 (E.D. Tex. Oct. 10, 2018), adopted, 2018 U.S. Dist. LEXIS 178038 (E.D. … Continue reading

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WI: No REP in a computer left running online P2P

Wisconsin follows the uniform rule from all other courts and holds that there is no reasonable expectation of privacy in computer files available on eDonkey P2P network under either the Fourth Amendment or the state constitution. State v. Baric, 2018 … Continue reading

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N.D.Ga.: No REP in a wiretapped contraband cell phone in a jail

Defendant was on a contraband cell phone in jail that was wiretapped. He had no reasonable expectation of privacy in that phone. United States v. Nava, 2018 U.S. Dist. LEXIS 155590 (N.D. Ga. Sep. 12, 2018):

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OH5: Ptf stated claim for invasion of privacy that private drug tester had to observe genitalia

Plaintiff stated a claim for invasion of privacy that a private drug tester had to observe their genitals in a drug test. Lunsford v. Sterilite of Ohio, 2018-Ohio-3437, 2018 Ohio App. LEXIS 3725 (5th Dist. Aug. 27, 2018). “Failure to … Continue reading

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C.D.Ill.: 18 month pole camera surveillance of def’s house didn’t violate REP

18 month pole camera surveillance of defendant’s house didn’t violate his reasonable expectation of privacy. United States v. Tuggle, 2018 U.S. Dist. LEXIS 127333 (C.D. Ill. July 31, 2018):

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N.D.N.Y.: Public employer’s prior failure to search work computers under policy didn’t create a REP

Plaintiff did not have a reasonable expectation of privacy in her work issued computers under the school computer privacy policy. The fact they’d never looked before doesn’t otherwise create a reasonable expectation of privacy. Rissetto v. Clinton Essex Warren Wash. … Continue reading

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