Category Archives: Reasonable expectation of privacy

OH2: Part owner of a business didn’t have standing to challenge seizure of surveillance DVR with video of him committing assault

Defendant was a part owner of a business with computer access cards to get in doors. He still didn’t have a sufficient reasonable expectation of privacy in the computer storage system of a surveillance video system showing where he committed … Continue reading

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W.D.Okla.: Def’s on-again off-again relationship with decedent didn’t give him standing in a search of her premises when they were off-again; he had no key

“Though Defendant may have had an ‘ongoing and meaningful connection to [Zotigh’s] home as a social guest’ at certain times prior to the searches, Zotigh’s termination of their relationship, her refusal to allow Defendant to stay in her mobile home … Continue reading

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E.D.Mich.: Giving password to computer and Facebook account waived REP as to that person

Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading

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D.Neb.: Violation of an ATF regulation during administrative search of an FFL doesn’t justify suppression without a 4A violation

Defendant had a federal firearms dealer license and he was subjected to an inspection. Firearms dealers, of course, are closely regulated businesses. After the motion to suppress was denied, he decided that ATF regulations were violated. The court concludes, based … Continue reading

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D.Mont.: Def’s VA disability rating medical exam wasn’t a violation of the 4A

Defendant received VA benefits for 100% disability. A follow-up visit was required to verify and he failed to show. As a result, it was downgraded to 70% which was a loss of about 3/4ths of his benefits. He was told … Continue reading

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E.D.Va.: Def doesn’t lose REP in cell phone by loaning it out while he’s in jail

The government obtained defendant’s cell phone from somebody else using it while he was in jail, and they sought a search warrant which was denied. Later they searched the phone and claimed defendant had no standing. The court finds defendant … Continue reading

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D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport

The car that was searched was being hauled by a car carrier. By turning over a car to a car hauler, the car hauler has complete possession and actual and apparent authority to consent to a search, and the person … Continue reading

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Legal Intelligencer: In Fight Over Nanny Cam Footage, Pa. Justices to Wrestle With Privacy Under Wiretap Law

Legal Intelligencer: In Fight Over Nanny Cam Footage, Pa. Justices to Wrestle With Privacy Under Wiretap Law by Zack Needles:

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E.D.Mich.: Parolee has no REP in own home as to parole search

The court holds that defendant’s status as a parolee literally gave him no reasonable expectation of privacy in his own trailer from a parole search. He seeks narrowing the search under Griffin to avoid Samson and Knights. The court rejects … Continue reading

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KY: No REP in conversations with family members in police interrogation room

Defendant was allowed to talk to relatives in an interrogation room, and their conversation was recorded. “Accordingly, we conclude that Easterling’s Fourth Amendment rights were not violated when his conversation with family members in the interrogation room was videotaped and … Continue reading

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N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

The Terms of Service of Yahoo! email provide defendant no reasonable expectation of privacy in child pornography that was transmitted by its service. In addition, Yahoo!’s search was a private search. United States v. Wolfenbarger, 2019 U.S. Dist. LEXIS 148822 … Continue reading

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FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute

Defendant’s BAC level was obtain by subpoena without notice contrary to statute, but they were also obtained by search warrant so they would not be suppressed. The search warrant was particular enough. Dinkins v. State, 2019 Fla. App. LEXIS 12923 … Continue reading

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