Category Archives: Reasonable expectation of privacy

New law review article: Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public

Rachel Levinson-Waldman, Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public, 66 Emory L.J. 527 (2017):

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The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents

The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents by Morgan Chalfant: The American Civil Liberties Union is moving to quash a police warrant granted to search data on a Facebook page of a group protesting … Continue reading

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AZ: No REP in conversations about def’s driving under influence when officer was there to hear it

Defendant was in a hospital room and had no reasonable expectation of privacy in his conversations on his cell phone or with medical personal admitting driving under the influence when he knew that the officer was near and could overhear … Continue reading

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E.D.Cal.: 26 U.S.C. § 7609 and the Code of Professional Conduct for CPAs creates no REP; Couch remains good law

“[D]efendant Galloway moves to suppress from admission into evidence the tax records received from CPA Livsey by IRS agents, arguing that 26 U.S.C. § 7609 and the Code of Professional Conduct for CPA’s conferred upon him a reasonable expectation of … Continue reading

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techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted by Tim Cushing: Thanks to the FBI’s one-to-many NIT warrant, which was issued in Virginia but reached thousands of computers all … Continue reading

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CA7: No REP re conversations with co-defs in back of a police van

Chicago courts had previously found a distinction between the reasonable expectation of privacy in conversations held in the back of a police squad car and a police van (called a squadrol). The circuit ends this distinction finding it unsupportable. There … Continue reading

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GA: State computer privacy statute doesn’t protect IP information from third-party disclosure

A state computer privacy statute cannot be interpreted to protect IP information from administrative subpoena. The state courts have already held it isn’t protected because it’s third-party information. Courtney v. State, 2017 Ga. App. LEXIS 56 (Feb. 17, 2017): Here, … Continue reading

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FL2: Def has standing in a package shipped to him under an assumed name

Defendant stated enough to get a hearing on his post-conviction claim that his defense counsel didn’t properly pursue a motion to suppress a package shipped to him under an assumed name, giving him standing in the package, on the ground … Continue reading

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VA: Hotel contract said mgr could enter at will, and that was consent

Defendant rented a hotel room for a week through one Heid because he didn’t have an ID, and he paid Heid for it. The contract Heid signed allowed entry by the hotelier into the room up to once a week … Continue reading

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Law Review: The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless

The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless by Lindsay J. Gus in University of Chicago Law Forum

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