Category Archives: Private search

CA7: CHA security guard not state action

A security guard employed by the Chicago Housing Authority was not a state actor. There is already precedent in this circuit. United States v. Green, 2020 U.S. App. LEXIS 29421 (7th Cir. Sept. 16, 2020). The SDNY searched defendant’s emails … Continue reading

Posted in Private search, Warrant requirement | Comments Off on CA7: CHA security guard not state action

TN: A security guard’s state license is not “state action” for 4A

A state licensed private security guard was not a state actor under the Fourth Amendment when he searched defendant’s cell phone trying to determine the owner. State v. Simpson, 2020 Tenn. Crim. App. LEXIS 594 (Sept. 1, 2020). “Additionally, we … Continue reading

Posted in Informant hearsay, Private search | Comments Off on TN: A security guard’s state license is not “state action” for 4A

S.D.Ohio: Child abuse allegation isn’t stale because it’s of “continuing concern”

The information for the search warrant was not stale: “In this light, the information about child abuse was not stale. Indeed, the character of the alleged crime—abuse of a child—was grounds for continuing concern.” As to continuing a traffic stop: … Continue reading

Posted in Private search, Staleness | Comments Off on S.D.Ohio: Child abuse allegation isn’t stale because it’s of “continuing concern”

D.P.R.: Def retained REP in backpack he stored in a car he wasn’t riding in

Defendant retained a reasonable expectation of privacy in a backpack that he placed in a car that he wasn’t in when it was searched. “The following circumstances established that the defendant possessed a reasonable expectation of privacy in the briefcase: … Continue reading

Posted in Drug or alcohol testing, Private search, Reasonable expectation of privacy, Standing | Comments Off on D.P.R.: Def retained REP in backpack he stored in a car he wasn’t riding in

E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

Defendant had standing to challenge the stop and search of a car he’d borrowed with permission of the owner despite the lack of a driver’s license, but he loses on the merits. United States v. Zimmerman, 2020 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Franks doctrine, Private search, Standing | Comments Off on E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

CA8: Google’s search of email account for CP was private search, and it could continue to do so after first reports

Google’s finding child pornography in its mail system was a private search, and it turned it over to NCMEC. “It is inconsequential that Google continued to scan his email accounts or uncover identifying information after sending its initial report. These … Continue reading

Posted in Private search | Comments Off on CA8: Google’s search of email account for CP was private search, and it could continue to do so after first reports

W.D.Ky.: Automobile exception search doesn’t have to be done promptly

Where the stop and seizure of the vehicle was with probable cause, its automobile exception search could occur later. United States v. Brown, 2020 U.S. Dist. LEXIS 120634 (W.D. Ky. July 9, 2020).* A private person finding defendant’s SD card … Continue reading

Posted in Automobile exception, Private search | Comments Off on W.D.Ky.: Automobile exception search doesn’t have to be done promptly

WA: Private party returning property to def’s house per request was private searcher

The observations of a private person returning something to defendant’s dwelling for him were a private search. The police had nothing to do with it. State v. Lake, 2020 Wash. App. LEXIS 1925 (June 30, 2020).* Reasonable jurists would not … Continue reading

Posted in Abstention, Drug or alcohol testing, Private search | Comments Off on WA: Private party returning property to def’s house per request was private searcher

CA11: Def’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search

Defendant’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search for her personal reasons. United States v. Rivera-Morales, 2020 U.S. App. LEXIS 17116 (1st Cir. May 29, 2020):

Posted in Private search | Comments Off on CA11: Def’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search

CA7: Anonymous call of suspicious person lacked corroboration and wasn’t RS

This anonymous tip revealed nothing but identifying characteristics, and it didn’t show reasonable suspicion. “Additionally, the tip itself contained no further indicia of the informant’s reliability. It also offered nothing but a barebones description of the suspect: the caller identified … Continue reading

Posted in Informant hearsay, Private search, Reasonable suspicion | Comments Off on CA7: Anonymous call of suspicious person lacked corroboration and wasn’t RS

CA4: Police exceeding private search of a computer isn’t treated the same as other private searches

The police likely exceeded the private search of a computer, but the product will not be suppressed. A search warrant was issued, and the police relied on it in good faith. The private search doctrine as to computers is more … Continue reading

Posted in Computer and cloud searches, Private search | Comments Off on CA4: Police exceeding private search of a computer isn’t treated the same as other private searches

OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

Posted in Plain view, feel, smell, Private search, Reasonable expectation of privacy, Scope of search | Comments Off on OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

D.Minn.: Search and seizure of cell phone was private search

Three adults worked to get access to defendant’s cell phone because he was sexting a minor. “Moreover, even assuming solely for the sake of argument that Dustin Clark had wrongfully taken Minor A’s phone from Defendant Walsh and Deputy Bennett … Continue reading

Posted in Cell phones, Private search | Comments Off on D.Minn.: Search and seizure of cell phone was private search

OH6: Effort to distance oneself from place searched led to lack of standing

Appellant’s challenge to the search warrant was to one in the trial court and then tried to expand the issue on appeal. Moreover, she tried to distance herself from the places to be searched to the point she had no … Continue reading

Posted in Private search, Reasonable suspicion, Standing | Comments Off on OH6: Effort to distance oneself from place searched led to lack of standing

Livingston Ledger: FBI allegedly paid Geek Squad technicians as ‘confidential human sources’ in child porn case

Livingston Ledger: FBI allegedly paid Geek Squad technicians as ‘confidential human sources’ in child porn case:

Posted in Private search | Comments Off on Livingston Ledger: FBI allegedly paid Geek Squad technicians as ‘confidential human sources’ in child porn case

Cal.: Privately recorded conversation in violation of state law admissible in a criminal case under 1982’s Proposition 8

A private party recorded a telephone call with defendant admitting a criminal sex act. Proposition 8 on “Truth in Evidence” adopted by voters in 1982 made the exclusionary rule follow the Fourth Amendment exclusionary rule. The legislature amended it by … Continue reading

Posted in Exclusionary rule, Private search | Comments Off on Cal.: Privately recorded conversation in violation of state law admissible in a criminal case under 1982’s Proposition 8