Category Archives: Reasonable expectation of privacy

IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

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TX3: Def retained a REP in a hotel room he was evicted from because he wasn’t aware of consequences

Defendant still had a reasonable expectation of privacy in his hotel room when he was evicted by police for violating policy, but there was no showing that he knew the consequences of violating policy. Smoking marijuana in a hotel room … Continue reading

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TX3: Dashcam audio of ptf on her porch over her objection cannot be public record

Plaintiffs were the subject of police recordings on her porch during a welfare check. Others sought a public records request for her dashcam recordings and audio of the conversation. Mrs. King was a former member of the Texas legislature and … Continue reading

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TX: After Franks hearing that removed information from the affidavit, there is no heightened standard of PC

After removing false information after a Franks hearing, the standard of review of probable cause remains the same. There is no heightened standard of probable cause after Franks. Hyland v. State, 2019 Tex. Crim. App. LEXIS 542 (June 5, 2019). … Continue reading

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D.Mass.: Eight months of constant pole camera digital recording of all comings and goings from defendants’ house violated their reasonable expectation of privacy under Carpenter

The government intends to use at trial parts of eight months of constant pole camera digital recording of all comings and goings from defendants’ house. Such recording and preserving it violated their reasonable expectation of privacy under Carpenter and chilled … Continue reading

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E.D.Cal.: There’s no REP in the cell or room of the state’s mental hospital

There is no reasonable expectation of privacy in the cell or room of person under civil commitment. It’s not a jail and there are limited constitutional protections inside. Leonard v. Coalinga State Hosp., 2019 U.S. Dist. LEXIS 88170 (E.D. Cal. … Continue reading

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Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records [a 2019 political take on the third-party doctrine]; opinion

Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records. In a ruling that should chill the heart of every American who values his Fourth Amendment rights, Obama-appointed DC District Court Judge Amit Mehta has refused to quash a … Continue reading

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N.D.Ga.: No REP in a pole camera’s view in a public place

There is no reasonable expectation of privacy as to a pole camera on business property in a public area. United States v. Gbenedio, 2019 U.S. Dist. LEXIS 83682 (N.D. Ga. Mar. 29, 2019). The alleged fact of a telephone call … Continue reading

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Law & Crime: Robert Kraft Gets Huge Win: Judge Blocks Spa Video, Says Evidence Was Illegally Obtained

Law & Crime: Robert Kraft Gets Huge Win: Judge Blocks Spa Video, Says Evidence Was Illegally Obtained by Alberto Luperon: A Florida judge decided to suppress police surveillance footage of New England Patriots owner Robert Kraft from a prostitution case, … Continue reading

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OR: Under state constitution, REP remains in trash picked up and searched other than at dump

Trash collectors picked up defendants’ trash and took it to a place where the police could search it. Under the state constitution, defendants retained a reasonable expectation of privacy in their trash. “On review, we hold that defendants retained protected … Continue reading

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S.D.Ohio: Def who left property in sister’s house without plan to ever return lacked standing, and she had apparent authority to consent

Defendant stored property with his sister in her house for extended periods of time. Here, he lacked standing to challenge the search of his stuff in her house, and she had apparent authority to consent to the search. United States … Continue reading

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C.D.Cal.: Beverly Hills Airbnb unit disclosure ordinance isn’t barred by Patel

The City of Beverly Hills has an ordinance requiring registration of properties subject to rental through Airbnb. The Apartment Association attempts to analogize the information sought in City of Los Angeles v. Patel, but it doesn’t come near. “In sum, … Continue reading

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