Category Archives: Reasonable expectation of privacy

N.D.Cal.: Officer accessing Automated License Plate Reader database not unreasonable search

An Oakland officer’s accessing the local Automated License Plate Reader (ALPR) database was not an illegal search nor a violation of the Fourth Amendment. That information helped to provide information to enable police to apply for a GPS tracking warrant … Continue reading

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W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading

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CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP

CA2 en banc, summary by the court (8-3): “This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts … Continue reading

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OH1: Telling def to keep his hands out of his pockets and then put them on hood when he wouldn’t didn’t taint later consent

During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that … Continue reading

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NJ Const. protects right of privacy in detainee’s private call from police station on unwarned recorded line

The state constitution protects against surreptitious recording of a telephone line from within a police station of a suspect where there was no warning and he was allowed into a room alone to make a call. State v. McQueen, 2021 … Continue reading

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MA: No REP in MBTA fare card information and station videos that put def near scene of murder

The third-party doctrine should not be mechanically applied to MBTA (CharlieCard) fare card information under this court’s precedents. Nevertheless, there was no subjective reasonable expectation of privacy in the information. It only tracked his movements on the transit system, not … Continue reading

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E.D.Cal.: No REP in a contraband cell phone in prison

Defendant had no reasonable expectation of privacy in a contraband cell phone found on him in prison. The contents of the phone were used in a drug distribution indictment. The government got a search warrant for the contents of the … Continue reading

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E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

There is no reasonable expectation of privacy in Facebook posts, no matter who reads them, “friend” or not. Defendant posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. … Continue reading

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Katz as Originalism

Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:

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CA7: Extended pole camera surveillance not 4A violation

Extended pole camera surveillance not a Fourth Amendment violation. United States v. Tuggle, 2021 U.S. App. LEXIS 20841 (7th Cir. July 14, 2021). If you have a pole camera case, you need to read this. What follows is part of … Continue reading

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D.Conn.: No REP in mental health condition communicated to social worker

There was no reasonable expectation of privacy in mental health information voluntarily provided to a social worker. It become a third party record. Stiggle v. Reichard, 2021 U.S. Dist. LEXIS 128977 (D. Conn. July 12, 2021). “[T]here is no case … Continue reading

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CA4: No REP in FedEx packages with drugs sent to a dead man as a cover

Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading

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CA9: Limited compelled information about rentals in City of LA not subject to REP

“Plaintiffs’ Fourth Amendment theories are without merit. The information sought by the Ordinance’s annual reporting requirement-including a given unit’s address, monthly rent, and other details routinely found in a ‘for-rent’ advertisement–does not give rise to a reasonable expectation of privacy. … Continue reading

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CA9: Massage parlor “closely regulated business” under CA law

A massage parlor is a closely regulated business under New York v. Burger, and it has been for 40 years. The operators thus had no reasonable expectation of privacy against inspections. Killgore v. City of S. El Monte, 2021 U.S. … Continue reading

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CA3: No REP in sent text messages

“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading

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S.D.N.Y.: No REP in a civil deposition under protective order obtained by SW

Defendant had no reasonable expectation of privacy or due process right in a civil deposition subject to a protective order obtained by search warrant from the law firm. Her argument that she would have taken the Fifth if she thought … Continue reading

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Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP

Defendant’s cameras on their own property, including a Nest camera, that was intended to record plaintiffs’ loud parties did not invade their reasonable expectation of privacy, even if the Nest camera enhanced sound. Mezger v. Bick, 2021 Cal. App. LEXIS … Continue reading

Posted in § 1983 / Bivens, Probable cause, Reasonable expectation of privacy | Comments Off on Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP

N.D.Iowa: There is a REP in a wheelchair as an “effect”

Defendant had a reasonable expectation of privacy in his wheelchair where he’d hidden a gun. The automobile exception doesn’t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the … Continue reading

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TX: Once hotel moves to evict a renter, any REP in the room ceases

“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ … Continue reading

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MT: No REP in text message sent to a LEO

There is no reasonable expectation of privacy in text messages defendant sent to an undercover federal officer posing as a prostitute, despite Montana’s enhanced right of privacy under its state constitution. State v. Staker, 2021 MT 151, 2021 Mont. LEXIS … Continue reading

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