Category Archives: Reasonable expectation of privacy

CA11: No REP in last four digits of SSN voluntarily disclosed to agency

“The district court did not err in dismissing Hollis’s right to privacy claims. Because Hollis voluntarily provided Defendants with the last four digits of his SSN, he abandoned a reasonable expectation of privacy in those digits. Miller, 425 U.S. at … Continue reading

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AZ CoA finds REP in IP information under state constitution where 4A would not

While the Fourth Amendment’s third party doctrine does not recognize a reasonable expectation of privacy in IP information, the court concludes that the state constitution does (and it follows several other states rejecting Miller and Smith on some basis). State … Continue reading

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Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment

Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment by Don Suarez, arguing that Carpenter applies: “We hold only that a warrant is required in … Continue reading

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CT: Def didn’t abandon his apt when he was in jail and rent came due

Defendant did not abandon his crime victim’s cell phone hidden in a wall when he’d been incarcerated and was evicted from his house for nonpayment of rent. The police waited until the lease had expired for nonpayment and came to … Continue reading

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CA7: Burglar had no REP in his own backpack carried in

Defendant was stopped and searched as a suspected burglar in a house he had no business being in. Because his presence was “wrongful,” he had no reasonable expectation of privacy in the backpack he carried in. United States v. Sawyer, … Continue reading

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E.D.Ky.: Evicted motel occupant loses REP in the room

Defendant rented a hotel room and apparently was smoking marijuana in the room, and the neighboring renters complained. The hotel manager called the police to help evict, but no one came to the door. They went back to the front … Continue reading

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OH7: No REP in police interrogation room; conversation with wife after statement to police recorded

Defendant gave a statement to the police and then he was left alone in the interrogation room to talk to his wife for 40 minutes. Police recorded the conversation. There was no reasonable expectation of privacy in the room, and, … Continue reading

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NY1: Search incident of a “booster bag” at time of arrest outside a store was reasonable

Defendants were involved in store thefts with a “booster bag” where they were going into the stores and making off with stuff in bag and then transferring it to a rolling suitcase on the street. When the police observed a … Continue reading

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GA: No REP in a police interview room where a call was overheard and recorded

There is no reasonable expectation of privacy in a police interview room. Defendant had been Mirandized and left alone in the room, knowing he was not free to leave, and told he was a suspect in a crime. He made … Continue reading

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MT: 911 call about drunk driver was corroborated when car found

A 911 call reported a potential drunk driver. When the car was found, the officer’s observations were at least reasonable suspicion justifying a stop. Indreland v. Mont. DOJ, 2019 MT 141, 2019 Mont. LEXIS 226 (June 18, 2019). Defendant was … Continue reading

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N.D.Ind.: No REP in an open office where others were free to come and go and document was taken at police insistence

Here the court considers a post-verdict motion to suppress. The court noted that there were kernels of cause for a motion to suppress, albeit a private search of an office, but the complete picture didn’t develop until trial. Giving he … Continue reading

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PA: Computer repair tech’s finding CP on computer was private search; police didn’t exceed it

Defendant took his computer in for repair. The computer tech determined the hard drive was failing, and he consented to replacement and moving the files. The tech found child porn and told the police. They came and their view of … Continue reading

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