Category Archives: Reasonable expectation of privacy

IN: Def’s sitting inside in front of open door visible outside had reduced REP compared to exigency for his arrest

Defendant’s door was wide open, and officers could see him sitting inside directly in front of the door. They had an arrest warrant for him. Based on the “particular facts” here, officers had exigency combined with defendant’s reasonable expectation of … Continue reading

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D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable

“In short, and as explained below, the Court finds that Leake’s stance in the corner of the laundry room was suspicious, and that upon approaching him, Officer Pantaleon observed Leake holding a small clear plastic baggie containing a powder-like substance. … Continue reading

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NJ: No REP in text messages in recipient’s cell phone

There is no reasonable expectation of privacy in text messages in the receiving cell phone. The court also discusses the third party doctrine as to private persons. State v. Armstrong, 2020 N.J. Super. LEXIS 86 (June 2, 2020). Defendant’s conclusory … Continue reading

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W.D.Wash.: Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy

Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy. United States v. Sam, 2020 U.S. Dist. LEXIS 87143 (W.D. Wash. May 18, 2020):

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OR: State didn’t prove abandonment of hotel room by supposedly checking out early

Just because hotel tenants leave the room and carries bags to their car at 8 am and saying nothing doesn’t indicate they have checked out and abandoned the room. Hotel room renters commonly do that and go to meetings and … Continue reading

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D.N.M.: Violated no REP to open driver door to read VIN where dashboard number obscured

It was reasonable to open a car door to read the VIN on the doorjamb under New York v. Class because the officer couldn’t see the one on the dashboard because of the glare of the sun. Otherwise, there was … Continue reading

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OH1: Warrantless procedure for police obtaining medical records violates 4A, but GFE applied here

State law provided for a warrantless procedure to obtain medical records for OVI cases. The court finds it violates the Fourth Amendment, but it refuses to apply the exclusionary rule because the officer reasonably relied on state law to access … Continue reading

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CA6: No REP in a shipped package after it was received by another

Defendant had no reasonable expectation of privacy in a package shipped to and then received by another. Moreover, there was probable cause for a search of the car the package was in and the package, too. United States v. Moore, … Continue reading

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ID: Def’s probationary status was admissible at trial to show context for probation search, not as propensity evidence

The fact defendant was on probation was admissible at trial, not as propensity evidence, but to show context for the probation search and why defendant’s underwear was searched. State v. Jones, 2020 Ida. LEXIS 95 (May 4, 2020). Automatic license … Continue reading

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CA6: It is settled that tenants have a REP in an interior hallway open only to them

The district court erred in granting qualified immunity to the officers who entered a hallway that was associated with only one apartment that decedent clearly had a reasonable expectation of privacy in. The law is settled in this circuit. Decedent … Continue reading

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CA6: Trash pulls not unreasonable despite local ordinance that only trash collectors permitted in trash

Trash pulls by police are not unreasonable under the Fourth Amendment, notwithstanding a local ordinance that limits trash collectors to rummaging in trash. United States v. Mathis, 2020 U.S. App. LEXIS 10275 (6th Cir. Mar. 30, 2020). Defendant’s probation search … Continue reading

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CA11: No REP in a police interview room where def was recorded confessing to his wife

There was no reasonable expectation of privacy in a police interview room where defendant was recorded confessing to his wife. Lundberg v. Secretary, Fla. Dep’t of Correction, 2020 U.S. App. LEXIS 9953 (11th Cir. Mar. 31, 2020). Police received a … Continue reading

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N.D.Ill.: Two police officers whose conversation was accidentally transmitted over radio had no REP in them

Plaintiffs were police officers who had what they thought was a private conversation, but, due to a radio malfunction, it was transmitted on a channel they didn’t even use and was recorded. The conversation led to their termination. The defendants … Continue reading

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W.D.Wash.: Specialized P2P software for a CP search doesn’t otherwise create a REP issue that doesn’t exist

The government’s use of specialized software to search peer-to-peer files didn’t create a reasonable expectation of privacy claim. “RoundUp, software with certain technological modifications to a public, open-source P2P network sharing client, is designed to access public files that individuals … Continue reading

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D.Nev.: No REP in prescription drug database from police inspection

Defendant had no reasonable expectation of privacy in the Nevada prescription drug database because he willingly provided the information to the doctor and the pharmacist, and the police need cause to get access. United States v. Motley, 2020 U.S. Dist. … Continue reading

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E.D.Wis.: No REP child porn sent by Facebook Messenger won’t be retransmitted to police by Facebook

There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant … Continue reading

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