Category Archives: Reasonable expectation of privacy

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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MS: No REP in calls from police station

Defendant’s calls from the police station after he was arrested admitted the marijuana in this case was his. The calls were admitted at trial, defense counsel challenging authentication. Defendant pro se argued a Fourth Amendment violation, but that is defaulted … Continue reading

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GA: No REP in a police interview room when you’re talking to yourself

Defendant talked to her dead sister she was later accused of killing while sitting alone in a police interview room that was being recorded. She had no reasonable expectation of privacy. She thought it was private, but that’s not enough. … Continue reading

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UT: Photographing items for inventory rather than listing them is reasonable

Photographing the things seen in the inventory rather than listing them all is reasonable. Here, defendant also mounted a “vigorous” defense to the validity of the inventory in other respects, but they all fail. His backpack was searched in the … Continue reading

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GA: No REP in data in car’s airbag control module

Defendant did not have a reasonable expectation of privacy in the data from his vehicle’s airbag control module, because, while an outside observer cannot ascertain the information regarding the use and function of a vehicle with the same precision, a … Continue reading

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Slate: What’s Next for the Reasonable Expectation of Privacy?

Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.

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D.D.C.: BOP employee had no REP in BOP owned work cell phone even though personal information was on it

BOP IG issued an administrative subpoena for respondent to produce her BOP owned cell phone, and she refused claiming a reasonable expectation of privacy in it. First, the standard of review is narrow and limited, and the subpoena is enforceable. … Continue reading

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FL2: Using an antennae to steal wifi that the police traced back didn’t violate a REP

Police obtained information that child pornography was downloaded via an IP address. They searched the computers there, finding none. They investigated further and found defendant was a neighbor who was using a Yagi antennae to obtain radio access to the … Continue reading

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CA3: No REP from police being in a hotel hallway and then having RS for a frisk

The odor of marijuana coming from defendant’s hotel room was reasonable suspicion for his later stop and frisk in the hallway. “Appellant’s brief could also be read to assert that the police lacked reasonable suspicion to patrol the motel hallway. … Continue reading

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CA2: There was no heightened expectation of privacy under Collins v. Virginia in a multi-family parking lot

Collins doesn’t provide a heightened expectation of privacy in a multi-family parking lot. “Jones does not dispute that the Dodge Magnum was inherently mobile. … We hold that the officers had probable cause to search the Dodge Magnum and that … Continue reading

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PA: Information from CI’s recording in the home not suppressible even though full conversation might be

Recordings made in defendant’s house were not relied upon in issuing the search warrant for his house, so they can’t be a basis of suppression under the wiretap statute. As a Fourth Amendment matter, under Hoffa, the recordings made inside … Continue reading

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