Category Archives: Reasonable expectation of privacy

OH7: No REP in a police interrogation room where def was left with wife with recorder on

There is no reasonable expectation of privacy in a police interrogation room where defendant was left and was recorded talking to his wife about the shooting. State v. Paige, 2019-Ohio-1088, 2019 Ohio App. LEXIS 1162 (7th Dist. Mar. 27, 2019) … Continue reading

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TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. … Continue reading

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IL: No REP in common hallway of unlocked apartment building; distinguished door dog sniff case

There was no reasonable expectation of privacy in the common area of an unlocked apartment building where observation of handling a gun occurred. The court distinguishes the use of a drug dog at an apartment door which does become a … Continue reading

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NY2: No REP in a computer open on a P2P network

There is no reasonable expectation of privacy in a computer open to the world on a P2P network and anybody can come into. People v. Worrell, 2019 NY Slip Op 02127, 2019 N.Y. App. Div. LEXIS 2111 (2d Dept. Mar. … Continue reading

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EFF: To Search Through Millions of License Plates, Police Should Get a Warrant

EFF: To Search Through Millions of License Plates, Police Should Get a Warrant by Andrew Crocker:

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Cal.2d: No REP in a hospital room with an open door and nurses coming and going

Officers did not need a search warrant to enter her hospital room to talk to her about her still birth or whether she killed the fetus. There was no reasonable expectation of privacy at the time of the entry. She … Continue reading

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S.D.Ohio: Householder here consented to police entry to search for def

The householder here consented by his actions to police entry to search for defendant. “Regardless of who is deemed more credible, Marshall admits that, after he told the officers that OJ was not there, he unlocked the screen door and … Continue reading

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D.Ariz.: Carpenter doesn’t change the third-party doctrine as to IP information

Carpenter doesn’t change the third-party doctrine as to IP information. United States v. McCutchin, 2019 U.S. Dist. LEXIS 36811 (D. Ariz. Mar. 7, 2019). The affidavits “are somewhat thin,” but this is deferential, not de novo, review, and, while this … Continue reading

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Not too bright to use one’s military work computer to plan domestic terrorism

NYTimes: Coast Guard Officer Plotted to Kill Democrats and Journalists, Prosecutors Say:

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W.D.La.: USPS website usage records are third-party records, and def had no REP in them

The government had digital evidence that defendant tracked a package on the USPS. His motion to suppress this third-party evidence is denied. First, anybody could track a package on the USPS website if they had the tracking number, and, second, … Continue reading

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OH7: Def’s one phone call from station house was on a recorded phone with a sign it was; no REP

Defendant was just arrested, and he was given his one phone call before going to jail. The call was recorded, and the sign on the wall said it was. He had no reasonable expectation of privacy in the call. State … Continue reading

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D.Conn.: No REP in airplane and contents by absent co-conspirator who claimed ownership

There was a “ramp check” authorized by FAA regulation of a private plane at an airport in Connecticut, essentially a traffic stop. It was admitted that a small quantity of marijuana was on the plane. The automobile exception applies to … Continue reading

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