Category Archives: Reasonable expectation of privacy

CA9: SW for one CP message board user’s email account led to finding CP for defendant; no 4A violation

A search warrant was obtained for the email account of a user of the Dark Moon messaging board for users of child pornography. After searching that one, officers got permission to use the email account. That did not lead to … Continue reading

Posted in E-mail, Reasonable expectation of privacy | Comments Off

WaPo: How tech sleuths cracked the mysterious code that turns your printer into a spying tool

WaPo: How tech sleuths cracked the mysterious code that turns your printer into a spying tool by Derek Hawkins:

Posted in Reasonable expectation of privacy, Surveillance technology | Comments Off

TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

Posted in Constitutionally protected area, Private search, Reasonable expectation of privacy | Comments Off

CA6: Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search”

Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search” under the Fourth Amendment, following United States v. Skinner, 690 F.3d 772, 781 (6th Cir. 2012). United States v. Riley, 2017 U.S. App. LEXIS 9900 … Continue reading

Posted in Cell site location information, Reasonable expectation of privacy, Search | Comments Off

E.D.Mich.: Pole camera surveillance of curtilage and front of building for a year and 5 weeks wasn’t unreasonable

Defendant had a building that burned, and he moved out, conducting clean up and repairs. He was still considered by the FBI to be running drugs from there. The FBI installed a pole camera across the street that operated from … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off

OH5: Def didn’t shield his grow operation from flyover; consent to police to search voluntary

Defendant had a marijuana grown at his rural property, and the roof was partially open exposing the grow. Police flying over in a helicopter saw it, gave the GPS coordinates to officers on the ground who came to the house … Continue reading

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PA: Once SW issues for clothes and DNA removed, no further warrant needed for DNA testing

DNA lawfully seized from defendant’s clothes did not require a separate warrant to test it. Defendant doesn’t have a reasonable expectation of privacy in his victim’s DNA on him. Once DNA is lawfully taken, there is no longer any reasonable … Continue reading

Posted in DNA, Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

N.D.Ill.: Viewing def’s Facebook page isn’t a 4A violation

Viewing defendant’s public Facebook is [hardly] a Fourth Amendment or Stored Communications Act claim. United States v. Khan, 2017 U.S. Dist. LEXIS 82493 (N.D. Ill. May 31, 2017):

Posted in ECPA, Reasonable expectation of privacy | Comments Off

M.D.Fla.: Unauthorized driver of rented car with suspended DL had no REP in car even if driving with permission of renter

Defendant had a subjective reasonable expectation of privacy in a rental vehicle he was driving with permission of the renter and potentially the implicit permission of the rental company because he was seen in it by them. [Whether they knew … Continue reading

Posted in Reasonable expectation of privacy, § 1983 / Bivens | Comments Off

E.D.Mich.: Undercover officers entering public areas of a strip club as customers not a search

First undercover officers and then other officers entered plaintiff’s strip club to investigate alleged misdeeds inside. No warrant was needed under Macon because the parts of the club entered by the officers were open to the customers. ABECE Operating v. … Continue reading

Posted in Probable cause, Reasonable expectation of privacy | Comments Off