Category Archives: Reasonable expectation of privacy

PA: No REP in a gun hidden in ceiling tile at work that fell out

Officers came to the barber shop where defendant worked because of a call about a threat with a weapon. Defendant was in the bathroom, and one officer went to the door. Another went into the adjoining bathroom. Defendant put a … Continue reading

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TX13: Untested hospital drawn blood sample has to be obtained by SW not subpoena

Defendant was in a car wreck and hospitalized. The other person in the wreck died. At the hospital, he was treated and released, but blood was drawn for medical purposes but never analyzed by the hospital. The officer obtained a … Continue reading

Posted in Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A

The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy, Search | Comments Off

OH5: Plain view didn’t apply to a firearm where it wasn’t readily obvious it was stolen

The plain view doctrine did not apply because the firearm was not immediately apparent as incriminating evidence or contraband, and testimony at the suppression hearing established the officers could not readily identify the firearm as stolen. State v. Elschlager, 2017-Ohio-5545, … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off

LA: “Defendant thus was in the difficult position of having to both distance himself from the barbeque grill, if he hoped to be found not guilty of possession of the cocaine found inside it, and tie himself more closely to the grill, if he hoped to obtain a favorable ruling on the motion to suppress. Trying to do both, he succeeded at neither.”

Showing a reasonable expectation of privacy in the place searched but denying possession is a fine line indeed. Show too much of an expectation of privacy just to challenge the search [always a risky proposition] and you might put yourself … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Standing | Comments Off

ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says

ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says by Debra Cassens Weiss:

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CA3: Search of prison cell didn’t violate 4A

The search of plaintiff’s prison cell and confiscation of some of his stuff wasn’t a Fourth Amendment violation. Barndt v. Wenerowicz, 2017 U.S. App. LEXIS 10754 (3d Cir. June 19, 2017).* The officer here saw a vehicle parked outside a … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off

CA9: SW for one CP message board user’s email account led to finding CP for defendant; no 4A violation

A search warrant was obtained for the email account of a user of the Dark Moon messaging board for users of child pornography. After searching that one, officers got permission to use the email account. That did not lead to … Continue reading

Posted in E-mail, Reasonable expectation of privacy | Comments Off

WaPo: How tech sleuths cracked the mysterious code that turns your printer into a spying tool

WaPo: How tech sleuths cracked the mysterious code that turns your printer into a spying tool by Derek Hawkins:

Posted in Reasonable expectation of privacy, Surveillance technology | Comments Off

TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

Posted in Constitutionally protected area, Private search, Reasonable expectation of privacy | Comments Off