Category Archives: Reasonable expectation of privacy

E.D.Mich.: No REP in Instagram postings, private or public

There was no reasonable expectation of privacy in defendant’s Instragram account postings and communications whether it was set private or not. United States v. Dixson, 2021 U.S. Dist. LEXIS 178371 (E.D.Mich. Sept. 20, 2021):

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CT: State const. protects against dog sniffs outside motel room doors

There is a privacy interest against a drug dog being employed in a motel hallway looking for drugs in rooms under the Connecticut Constitution. The court had previously found one in apartment buildings. The citizenry wouldn’t accept free wheeling dog … Continue reading

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NJ: Officer’s randomly looking up LPNs was not unreasonable

The officer’s randomly looking up LPNs for validity was not an unreasonable search. Defendant’s refusal to answer questions at that point only made it all worse because there was a basis for the stop and questioning. State v. Boston, 2021 … Continue reading

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CA3: Carpenter just doesn’t apply to jail call recordings

There is no reasonable expectation of privacy in jail calls admitted to prove a conspiracy, and Carpenter doesn’t apply. “While we need not decide how far Carpenter extends to other technologies, it does not apply to prison phone calls. Unlike … Continue reading

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OH12: Second patdown in crotch area by male officer wasn’t unreasonable

A female officer patted this male defendant down, but she did not go around the crotch area. For officer safety, a male officer followed up and did. This was reasonable, and the contraband was found by plain feel. State v. … Continue reading

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CA8: Usually no REP in car carried by car hauler even to owner, and here there was nothing showing REP

“During a safety inspection of a semi transporting three vehicles, an officer found about 40 pounds of meth in a Ford Explorer. Sierra-Serrano wants to suppress those drugs, arguing that the search violated the Fourth Amendment. But because Sierra did … Continue reading

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CA11: Two on deadly force in shooting at cars: one reasonable, one a fact dispute

Officer shooting at a car driving toward him acted reasonably. “Officer Brown reasonably perceived that his life was in danger when the Pontiac shifted into reverse. Redwine had led the police on a high-speed chase through commercial and residential areas … Continue reading

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MA: Review of old body cam recording in unrelated investigation was a separate invasion of privacy requiring SW

The use of a body camera in the home responding to a domestic disturbance was reasonable. However, reviewing the body cam recording for the purposes of a later and unrelated investigation without a search warrant was unreasonable. The second look … Continue reading

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CA7: Pen register to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter

The use of a pen register order to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter. United States v. Soybel, 19-1936 (7th Cir. Sept. 8, 2021):

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TX2: No REP in pawned property

Defendant pawned property that wasn’t his. The police went and picked it up within the period he could have redeemed. There was no reasonable expectation of privacy in bailed property at a pawnshop. Moreover, pawnshops are highly regulated businesses where … Continue reading

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S.D.Ind.: IU’s CrimsonCard key card system has no REP in user movements

Indiana University’s CrimsonCard, a key card, that tracks movement into University buildings and facilities, does not carry a reasonable expectation of privacy. This case arose from an investigation of a hazing incident, and the University was corroborating alleged alibis. There … Continue reading

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D.N.J.: No REP in one’s name

There is no reasonable expectation of privacy in one’s name. Livingstone v. Hugo Boss Store, 2021 U.S. Dist. LEXIS 165848 (D.N.J. Sept. 1, 2021). Officers working off duty security came upon decedent’s car at night parked across parking spaces, and … Continue reading

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N.D.Cal.: Officer accessing Automated License Plate Reader database not unreasonable search

An Oakland officer’s accessing the local Automated License Plate Reader (ALPR) database was not an illegal search nor a violation of the Fourth Amendment. That information helped to provide information to enable police to apply for a GPS tracking warrant … Continue reading

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W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading

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CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP

CA2 en banc, summary by the court (8-3): “This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts … Continue reading

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OH1: Telling def to keep his hands out of his pockets and then put them on hood when he wouldn’t didn’t taint later consent

During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that … Continue reading

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NJ Const. protects right of privacy in detainee’s private call from police station on unwarned recorded line

The state constitution protects against surreptitious recording of a telephone line from within a police station of a suspect where there was no warning and he was allowed into a room alone to make a call. State v. McQueen, 2021 … Continue reading

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MA: No REP in MBTA fare card information and station videos that put def near scene of murder

The third-party doctrine should not be mechanically applied to MBTA (CharlieCard) fare card information under this court’s precedents. Nevertheless, there was no subjective reasonable expectation of privacy in the information. It only tracked his movements on the transit system, not … Continue reading

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E.D.Cal.: No REP in a contraband cell phone in prison

Defendant had no reasonable expectation of privacy in a contraband cell phone found on him in prison. The contents of the phone were used in a drug distribution indictment. The government got a search warrant for the contents of the … Continue reading

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E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

There is no reasonable expectation of privacy in Facebook posts, no matter who reads them, “friend” or not. Defendant posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. … Continue reading

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