Category Archives: Reasonable expectation of privacy

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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W.D.La.: Use of key fob to find def’s car in Walmart parking lot wasn’t unreasonable search

Using defendant’s key fob to find his car in a Walmart parking lot was not an unreasonable search because there was no reasonable expectation of privacy in which car was his, following United States v. Cowan, 674 F.3d 947 (8th … Continue reading

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OH3: Court declines to extend state const to trash searches

The court declines to extend the state’s constitution to prohibit trash searches permitted by the Fourth Amendment. While other state courts have done so, this state has not yet, and that’s for the state supreme court. Another district had also … Continue reading

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MO: No REP in a dilapidated broken down trailer on rural property without any secure walls, roof, or floor

Defendant worked for a tree service that had a rural place where they burned tree debris. There was a broken down trailer on the property that had missing walls, partially missing roof and a rotting floor where defendant changed clothes. … Continue reading

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NPR: A Homeless Man’s Truck Is His Home, Judge Rules In Seattle

NPR: A Homeless Man’s Truck Is His Home, Judge Rules In Seattle by Laurel Wamsley: In a case that may have significant implications for Seattle’s fast-growing homeless population, a King County Superior Court judge ruled on Friday that the pickup … Continue reading

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MD: Use of text messaging is not a waiver of REP for spousal privilege

The state obtained text messages by legal process and admitted them at trial, arguing that the Verizon service agreement was a waiver of any reasonable expectation of privacy in third party records. It is not a waiver of spousal privilege … Continue reading

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KY: Police use of license plate reader violates no REP

Police use of a license plate reader that led to finding a warrant on the owner violated no reasonable expectation of privacy. Traft v. Commonwealth, 2018 Ky. LEXIS 68 (Feb. 15, 2018). In a state wiretapping case over the legal … Continue reading

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NY2: Morning eviction led to trespassing claim in afternoon, and police entry was valid; no REP after eviction

All the occupants of an apartment were evicted in the morning. Stragglers didn’t vacate. The building manager reported trespassers to the police and they came and entered. They found eight guns in defendant’s possession. Because of the eviction, nobody had … Continue reading

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