Category Archives: Reasonable expectation of privacy

CA1: It was def’s burden to show guest standing and he failed

Defendant put on no proof of how long he was in another’s hotel room to claim standing in the room. The district court inferred, without much support, that he slept there for some brief period of time, and that’s not … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Standing | Comments Off

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment?

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment? by Orin Kerr As always, the answer depends on things we don’t yet know. Conceivably if you strain for unlikely facts, but probably not.

Posted in Consent, Reasonable expectation of privacy | Comments Off

Today is the 50th anniversary of Katz and the “reasonable expectation of privacy” standard

Fifty years ago today, SCOTUS decided Katz v. United States, 389 U.S. 347 (1967), which was the genesis of the reasonable expectation of privacy standard. LAPD vice officers investigating Katz as a college basketball bookmaker noticed he regularly used a … Continue reading

Posted in Reasonable expectation of privacy, Third Party Doctrine | Comments Off

IA: SW for taking blood includes testing it

The search warrant authorized taking defendant’s blood so it impliedly permitted testing it as well. The expectation of privacy is already reduced by the blood draw by authorization of law. State v. Frescoln, 2017 Iowa App. LEXIS 1227 (Dec. 6, … Continue reading

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

A.F.Ct.Crim.App.: Giving out Facebook ID and password over recorded jail call to get password changed was waiver of REP in Facebook page

Defendant told someone in a recorded jail call that he knew was being recorded his Facebook ID and password so it could be changed. That was a waiver of his reasonable expectation of privacy in the information on his Facebook … Continue reading

Posted in Computer searches, Reasonable expectation of privacy | Comments Off

D.N.M.: Def was evicted once arrested and couldn’t go back to apt; landlord’s gathering stuff was a private search, and papers were made available to police

After defendant’s arrest, the landlord evicted him and gathered up his stuff. The police got the paperwork from the apartment from the landlord, and some of it was incriminating. Because the police didn’t instigate the landlord evicting him other than … Continue reading

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

HI: Fly-over of curtilage at 420′ violated REP under state constitution

Three fly-overs over the curtilage, one at 420′, was a violation of the Hawai’i Constitution, following the California Supreme Court in People v. Cook (1985). The Hawai’i Supreme Court differs from the Intermediate Court of Appeals on its analysis going … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

D.Mont.: No REP in a jail call

Defendant’s recorded jail call did not afford him an objectively reasonable expectation of privacy. His reliance on a Montana case on another issue not at all like this that did recognize a limited reasonable expectation of privacy under the Montana … Continue reading

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OR: No REP in a camera and SD card left recording in a Starbucks bathroom

Defendant left a camera disguised as a cell phone charger in a Starbucks bathroom. It was found by a customer and turned over to the store manager. The manager believed it to be a camera, opened the back, and found … Continue reading

Posted in Abandonment, Reasonable expectation of privacy | Comments Off

S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

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

WA: Homeless man had REP in his tent camping in park after hours

A homeless man camping in a tent in Vancouver, WA had a privacy interest in his closed tent even though he was camping after hours. State v. Pippin, 2017 Wash. App. LEXIS 2365 (Oct. 10, 2017):

Posted in Reasonable expectation of privacy, State constitution | Comments Off

CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

Posted in Knock and talk, Probation / Parole search, Reasonable expectation of privacy, Standing | Comments Off