Category Archives: Reasonable expectation of privacy

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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W.D.Mich.: No REP in overheard unethical ex parte communication with a judge

An ex parte communication between lawyers and a judge overheard on an open phone line of a part of a call that hadn’t been completely disconnected has no reasonable expectation of privacy. Ideally, there woud be a reasonable expectation of … Continue reading

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AF: Inevitable discovery validated finding CP while looking for text messages with minor

The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, … Continue reading

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Daily Beast: New Facebook-Backed Law Would Let Foreign Governments Get Your Data Without a Warrant

Daily Beast: New Facebook-Backed Law Would Let Foreign Governments Get Your Data Without a Warrant by Spencer Ackerman:

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NYTimes: Justice Dept. Revives Push to Mandate a Way to Unlock Phones

NYTimes: Justice Dept. Revives Push to Mandate a Way to Unlock Phones by Charlie Savage: Federal law enforcement officials are renewing a push for a legal mandate that tech companies build tools into smartphones and other devices that would allow … Continue reading

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NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

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