Category Archives: Reasonable expectation of privacy

AK: Public court filings violate no REP

“Herndon’s argument that her rights under the Fourth Amendment were violated when the superior court ‘commingled [her] private filings making it public’ is without merit. Herndon has no reasonable expectation of privacy in information that she voluntarily submitted to the … Continue reading

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CA10: Shooting yourself and calling 911 is consent to removing the bullet

Defendant reported he was shot by an intruder and called 911. He went to the hospital and a surgeon removed the bullet. The search warrant for his office for evidence of him shooting himself was specific and the good faith … Continue reading

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W.D.Mich.: Corporate Transparency Act reporting requirements are an unreasonable search

The Corporate Transparency Act reporting requirements amount to an unreasonable search under the Fourth Amendment. Small Bus. Ass’n of Mich. v. Yellen, 2025 U.S. Dist. LEXIS 40975 (W.D. Mich. Mar. 3, 2025):

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C.D.Cal.: “4A privileges and immunities” are two claims, not one, and both denied here

Plaintiff’s case claimed Fourth Amendment privileges and immunities, but that’s two claims because privileges and immunities is under Art. IV, § 2, cl. 1 but it doesn’t state a claim under either. Gay v. Sheriff of L.A. Cty., 2025 U.S. … Continue reading

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CA2: Officers using iPhone flashlight and camera to see through car window’s tinting did not violate any reasonable expectation of privacy.

Officers used their iPhone flashlight and camera to see through car window’s tinting, and this did not violate any reasonable expectation of privacy. Tinting the windows doesn’t create an objective expectation of privacy. United States v. Poller, 2025 U.S. App. … Continue reading

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MS: Police cell phone search as extensive as prior private search was reasonable

The warrantless search of defendant’s cell phone was the same as a private search that already occurred, and it did not violate the Fourth Amendment. Knight v. State, 2025 Miss. LEXIS 51 (Feb. 20, 2025). An NOLA officer seeing an … Continue reading

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CA8: False statement van was “secured” was based on secondhand information and was neither material or reckless

The officer’s statement that defendant’s van was “secured” was not sufficient false and misleading to even be reckless. The officer was passing on information from other officers about the van, but the windows were missing and it was accessible. United … Continue reading

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OH5: RS permits putting def into a patrol car to maintain the status quo

Officers had reasonable suspicion to initiate a brief investigative stop of defendant based on the totality of the circumstances, including the citizen’s tip, the late hour, the location, and the defendant’s suspicious behavior upon seeing them. Placing him in the … Continue reading

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Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones

Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones on SSRN. Abstract:

Posted in Constitutionally protected area, Reasonable expectation of privacy, Trespass | Comments Off on Orin S. Kerr, The Two Tests of Search Law: Reconciling Katz and Jones

D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

Defendant’s general objections to the R&R on his search claims don’t attempt to show the alleged errors in the USMJ’s reasoning and just rehashed the original arguments. Overruled, and adopted. United States v. Shaka, 2025 U.S. Dist. LEXIS 19267 (D. … Continue reading

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IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

The ping of defendant’s cell phone to find him when a 13-year-old girl went missing was based on exigency under state statute. Brooks v. State, 2025 Ind. App. LEXIS 19 (Jan. 31, 2025). All the factors supported reasonable suspicion: CI … Continue reading

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N.D.Ohio: Alleged mishandling of drugs during execution of SW didn’t make them inadmissible

Even if the officers (mis)handled the drugs during the search, they’d still come into evidence at trial. United States v. McDonald, 2025 U.S. Dist. LEXIS 11844 (N.D. Ohio Jan. 22, 2025). The trial court suppressed this cell phone search as … Continue reading

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MA: Community caretaking transport of juvenile permits patdown for safety

A patdown of a juvenile found with gang members being taken to his caregiver was reasonable for safety purposes under the community caretaking function. Commonwealth v. Demos D., 105 Mass. App. Ct. 193 (Jan. 17, 2025). Reasonable suspicion not required … Continue reading

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W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP

Hidden bodycams used to record conversations in unmarked police cars between officers violated a reasonable expectation of privacy and likely Title III. Baker v. City of Pittsburgh, 2025 U.S. Dist. LEXIS 2157 (W.D. Pa. Jan. 6, 2025). The search of … Continue reading

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KY: No BAC SW without death or physical injury by statute

The DUI BAC statute requires that a search warrant for blood alcohol can only be issued if there was a death or physical injury involved, and this court has previously upheld that limitation. Here, there was no death or physical … Continue reading

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IA: No REP in ER room from police entry for observations and questions

Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy … Continue reading

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CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim

“And if Derringer intended to argue that counsel should have moved to suppress the cell phone videos, he did not identify any basis for challenging the validity of the search warrant that resulted in the seizure of the cell phone … Continue reading

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E.D.Mo.: It was settled over 50 years ago that an officer could surreptitiously record a face-to-face conversation

“Bolden’s entire focus is on recordings between himself and an undercover federal agent who was outfitted with a covert recording device. The government is correct-Bolden’s argument is foreclosed by long-standing caselaw.” As in 1971. United States v. Bolden, 2024 U.S. … Continue reading

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W.D.La.: Dog sniff at door of commercial rented storage unit violated no REP

A dog sniff at the door to a rented commercial storage unit violated no reasonable expectation of privacy. United States v. Harris, 2024 U.S. Dist. LEXIS 224506 (W.D. La. Nov. 4, 2024). There’s no reasonable expectation of privacy in one’s … Continue reading

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S.D.N.Y.: No stay of execution of a computer and cell phone SW after def was indicted

Defendant was arrested in Malaysia and a computer and cell phones were seized. He was then indicted in NYC. The nine-day delay in getting a warrant was not unreasonable considering defendant was in custody and unable to use them. A … Continue reading

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