Category Archives: Reasonable expectation of privacy

W.D.Tex.: Removal of def’s key fob to press the buttons to locate car was a search that violated a REP in def’s pants pocket

The removal of defendant’s key fob from his pocket to locate his car violated a reasonable expectation of privacy and required suppression of the identity of his car. United States v. Fennell, 2018 U.S. Dist. LEXIS 77041 (W.D. Tex, May … Continue reading

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NY1: REP in a bathroom with door closed but unlocked

A person in a bathroom without a lock on the door with the door shut has a reasonable expectation of privacy. Police opening the door violated that expectation. People v. Vinson, 2018 NY Slip Op 03437, 2018 N.Y. App. Div. … Continue reading

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CA11: Interrupted residential burglary is exigency for police entry and search

“Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the officers thereafter lawfully enter the home—without a warrant, and without further suspicion of wrongdoing—to briefly … Continue reading

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Or: Officers didn’t violate def’s privacy by looking under bathroom stall door to see him masturbating

Officers did not violate defendant’s privacy rights in looking under the door from 5′ away to see that he was masturbating and ordering him out. The officers’ look violated no “social norms or [did it] significantly impair defendant’s interest in … Continue reading

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MO: Recording def’s conversation with attorney in police station interview room violated 6A and privilege; mandamus granted against unsealing

Defendant’s attorney met him at the police station to confer, and they put them in an interview room which recorded their meeting. The trial court appointed a special master to review it. The recording violated defendant’s attorney-client privilege and right … Continue reading

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WaPo: Va. Supreme Court revives challenge to police storage of license plate reader data

WaPo: Va. Supreme Court revives challenge to police storage of license plate reader data by Tom Jackman:

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AL: There is no REP in a LPN on a vehicle

There is no reasonable expectation of privacy in a license plate, and the Fourth Amendment doesn’t prohibit running the tags for any reason. State v. Abrams, 2018 Ala. Crim. App. LEXIS 24 (Apr. 27, 2018). The government obtained internet routing … Continue reading

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D.D.C.: Drug testing school teachers violated 4A

Drug testing of some school teachers in the District of Columbia violated the reasonable expectation of privacy and didn’t serve government interests. There was no indication one group of teachers (really small kids) even deserved to be included for a … Continue reading

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N.D.Cal.: Lyft drivers didn’t state a claim for invasion of privacy from taking of geolocation data that was shared on an app

Plaintiff Lyft drivers sued Uber for invasion of privacy and other claims. Plaintiff did not state an invasion of privacy claim from using an app on their phone that tracked them. He didn’t have a reasonable expectation of privacy in … Continue reading

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E.D.Cal.: Alleged search of a public computer in a library for ptf’s usage didn’t violate any REP

Alleged search of a public computer in a college library for information about plaintiff’s use of it doesn’t violate any reasonable expectation of privacy. Berry v. Yosemite Cmty. College Dist., 2018 U.S. Dist. LEXIS 64732 (E.D. Cal. Apr. 17, 2018). … Continue reading

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Cal.-LA Cty: REP of apartment tenants barred discovery against them as witnesses

Tenants of an apartment complex had a reasonable expectation of privacy from being brought into a discovery dispute. They had a right not to have their privacy invaded. Castillo v. LA Props. Heffesse LLC, 2018 Cal. Super. LEXIS 119 (Super. … Continue reading

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IL: Hospital employee seizing def’s clothing from private room at police request violated 4A

Police enlisting a hospital employee to enter defendant’s hospital room to take his clothing violated his reasonable expectation of privacy and made the employee a police agent. The seizure violated the Fourth Amendment. People v. Gill, 2018 IL App (3d) … Continue reading

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