Category Archives: Private search

CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

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E.D.Ky.: Mere school employee conduct search of coworker’s purse not “state actors” for § 1983

A couple of school employees who suspected another of being under the influence of prescription medications searched her purse. They were not “state actors” for § 1983. As school employees, they had a heightened duty to protect the children. Lawson … Continue reading

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Three on exigency

The emergency aid exception permitted entry into victim’s home. She hadn’t been seen all day and her child was unaccounted for. This entry was objectively reasonable, and the police were not required to use alternate means to seek to find … Continue reading

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D.Mont.: Dropbox conducted a private search finding CP

Dropbox found child porn in defendant’s account, and it reported to NCMEC. Dropbox conducted a private search. United States v. Balog, 2024 U.S. Dist. LEXIS 90179 (D. Mont. May 20, 2024).* “Defendant argues that the search of his vehicle was … Continue reading

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D.Kan.: Preservation request under SCA isn’t a search or seizure

A preservation request under 18 U.S.C. § 2703(f) for defendant’s Snapchat account isn’t an unreasonable search or seizure. Even if, “suppression would not be warranted because the FBI acted in good faith reliance on the Stored Communications Act. As a … Continue reading

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techdirt: The Problems Of The NCMEC CyberTipline Apply To All Stakeholders

techdirt: The Problems Of The NCMEC CyberTipline Apply To All Stakeholders by Mike Masnick:

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AZ: Private search and apparent consent don’t support warrantless search of SD card in video voyeurism case

Defendant was convicted of video voyeurism for a camera hidden in the bathroom of his house to record foster children. One of them found it, attempted to read the SD card but failed, and turned it with the SD card … Continue reading

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OR: Merely driving off the road wasn’t RS, but adding the driver’s demeanor at the time was

“A traffic stop is a ‘seizure’ that requires a constitutional justification. … An officer’s investigative activity during a traffic stop is subject to both durational and subject-matter limitations. … Here, there are two ‘specific and articulable facts’ that support reasonable … Continue reading

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CA7: Hotel room vacated by tenant could be searched by hotel management

A hotel room search by the hotel manager after defendant’s tenancy expired was reasonable as a private search and under state law. He was also on parole, but the district court didn’t even mention that. United States v. Gay, 2024 … Continue reading

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E.D.N.Y.: Public employee labor union contract can consent to drug testing of members

“Despite Fourth Amendment implications, ‘a public employee union acting as the exclusive bargaining agent may consent to drug testing on behalf of the employees it represents.’” (quoting Bolden v. SEPTA, 953 F.2d 807, 828 (3d Cir. 1991). Dolginko v. Long … Continue reading

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CA7: CI identity irrelevant because of controlled buys

This case is about fentanyl on defendant’s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. … Continue reading

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KY: Misstatements of law not subject to Franks challenge

A misstatement of law is not subject to a Franks challenge. Search warrant affidavits are usually drafted in a hurry by nonlawyers, and it’s up to the issuing magistrate to decide whether there is a substantial basis for believing a … Continue reading

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D.P.R.: Cut-and-paste error that misidentified iPhone model overlooked by correct phone number

The search warrant was for a specific phone number on an iPhone 6S, but the phone with that number was an iPhone 13. Still, the phone number controlled, and the search was valid. Alternatively, on the totality, defendant consented to … Continue reading

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CA2: Where PC and GFE found by District Court, both have to be argued on appeal or waiver occurs

The district court found probable cause and the good faith exception applied. On appeal, he argued only probable cause. The alternative ground of good faith was thus waived and the court can affirm. United States v. McGregor, 2024 U.S. App. … Continue reading

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N.D.Cal.: Passwords are protected by the Stored Communications Act

In civil case for evidence production brought in San Francisco to aid litigation in Ontario, Canada. the court holds that account passwords are protected by the Stored Communications Act and there was no consent to disclosure. In re Path Network, … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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TN: No IAC to distance def from property of another and claim no standing

Defense counsel wasn’t ineffective for not filing a motion to suppress property that wasn’t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property … Continue reading

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D.Haw.: 11-month delay in getting DNA warrant was reasonable

An eleven month delay in the government obtaining a DNA warrant was reasonable. “Under the totality of the circumstances, the Court concludes that, while the search warrant perhaps could have been sought earlier, the eleven-month period between arrest and the … Continue reading

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OH9: No justification needed for police to run an LPN number

No justification needed for police to run a LPN number. State v. Carter, 2023-Ohio-3452, 2023 Ohio App. LEXIS 3360 (9th Dist. Sept. 27, 2023). The court takes the government at its word that the search warrant defendant seeks doesn’t exist, … Continue reading

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CA3 adopts two part functional rule of private search, and this one was

Defendant’s wife was not acting as an agent of the state when she procured defendant’s cell phone which produced evidence of sexual exploitation of a child. “Four of our sister Courts of Appeals assess whether a private party was an … Continue reading

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