Category Archives: Reasonable expectation of privacy

W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

The government can photograph defendants’ tattoos that are normally visible in daily use. The government cannot, however, photograph tattoos usually covered by clothes despite the fact they were occasionally revealed on social media pages. That’s not a waiver as to … Continue reading

Posted in Body searches, Reasonable expectation of privacy | Comments Off on W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

SC: Def’s treating psychiatrist’s opinion was not subject to suppression when he puts his mental capacity in issue

When defendant put his mental capacity in issue, his treating psychiatrist was a material witness. It did not violate the Fourth Amendment to obtain her records. There was no motion to suppress anything other than her opinion, not the records … Continue reading

Posted in Reasonable expectation of privacy | Comments Off on SC: Def’s treating psychiatrist’s opinion was not subject to suppression when he puts his mental capacity in issue

W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

Seizure of defendant’s clothing from a hospital room floor was justified by the plain view doctrine. United States v. Clancy, 2019 U.S. Dist. LEXIS 8471 (W.D. Tenn. Jan. 17, 2019), adopting, 2018 U.S. Dist. LEXIS 219585 (W.D. Tenn. Dec. 19, … Continue reading

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

New Law Review Article: Fourth Amendment Textualism

New Law Review Article: Fourth Amendment Textualism by Jeffrey Bellin, posted on SSRN. Abstract:

Posted in Reasonable expectation of privacy | Comments Off on New Law Review Article: Fourth Amendment Textualism

OH9: No 4A right that RS is needed to run a license plate number

There is no Fourth Amendment right for the officer to have reasonable suspicion to run one’s license plate because there is no reasonable expectation of privacy in it. State v. Moore, 2018-Ohio-5223, 2018 Ohio App. LEXIS 5527 (9th Dist. Dec. … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off on OH9: No 4A right that RS is needed to run a license plate number

New law review article: Fourth Amendment Reasonableness After Carpenter

This brief essay is great insight into arguing the next steps of Carpenter, reasonableness, property rights, and whether the reasonable expectation of privacy test will be changed. We recommend you read all you can about Carpenter because the right reasonableness … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness, Third Party Doctrine | Comments Off on New law review article: Fourth Amendment Reasonableness After Carpenter

DE: No REP in shared Facebook photos

“Moreover, Harris’ contention that his public Facebook photos were ‘illegally seized’ has no merit.” There is no reasonable expectation of privacy in a shared social media post. Harris v. State, 2018 Del. LEXIS 540 (Dec. 3, 2018). Defendant argued that … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy | Comments Off on DE: No REP in shared Facebook photos

S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

Posted in Cell phones, Prison and jail searches, Reasonable expectation of privacy | Comments Off on S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

TX1: No REP in a contraband cell phone in a halfway house

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading

Posted in Cell phones, Good faith exception, Probation / Parole search, Reasonable expectation of privacy | Comments Off on TX1: No REP in a contraband cell phone in a halfway house

E.D.Mich.: No REP in a police interrogation room

Defendant had no expectation of privacy in a police interrogation room that had a camera and microphone hidden in its smoke detector. He was overheard talking to his sister admitting that there was a gun linked to the crime. The … Continue reading

Posted in Reasonable expectation of privacy | Comments Off on E.D.Mich.: No REP in a police interrogation room

LA3: No REP in a jail call to spouse

There is no reasonable expectation of privacy in a jail call to defendant’s wife. State v. Ducote, 2018 La. App. LEXIS 2297 (La. App. 3 Cir. Nov. 15, 2018).* No reasonable suspicion for extending a stop for no proof of … Continue reading

Posted in Prison and jail searches, Privileges, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on LA3: No REP in a jail call to spouse

AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings

Defendant had an opaque privacy fence and allegedly had no trespassing signs. His mailbox was outside the fence and there were security cameras. The officer passed both to come to the door to knock, and then he could smell marijuana. … Continue reading

Posted in Curtilage, Reasonable expectation of privacy | Comments Off on AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings