Category Archives: Private search

CA8: Eviction from motel by off-duty officer working motel security led to FIPF charge; entry was lawful

Off-duty police worked at a Kansas City motel that had a rash of crime, trying to clean the place up. Defendant was being evicted from a motel because he was driving a stolen car – his companion had already been … Continue reading

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OR requires hospitals report suspected DUIs, and this is private action although mandated by statute, or there is no REP

Oregon requires hospitals to report persons who show up for treatment who the hospital reasonably believes were involved in driving under the influence. Here, the hospital also reported defendant’s BAC to the police. “[W]e reject defendant’s invitation to overrule Gonzalez … Continue reading

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D.S.D.: Asking def’s GF if she had the phone she saw naked pictures of her 13-year-old daughter in didn’t make her an agent

Defendant’s girlfriend reported to police that she saw nude pictures of her 13 year old daughter on defendant’s cell phone. The officer asked if she had the phone, and she hesitated, located it, and handed it over. She was not … Continue reading

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W.D.Okla: Def bears burden of proving “private search” was by government actor and did; suppressed

Defendant has sufficient interest in the business from which a thumb drive with data was taken and turned over to ICE officers at the U.S. Embassy in Panama. (The court acknowledges that it’s not “standing,” per se, but it continues … Continue reading

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OC Weekly: FBI Used Best Buy’s Geek Squad To Increase Secret Public Surveillance

OC Weekly: FBI Used Best Buy’s Geek Squad To Increase Secret Public Surveillance by R. Scott Moxley: Recently unsealed records reveal a much more extensive secret relationship than previously known between the FBI and Best Buy’s Geek Squad, including evidence … Continue reading

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IA: Def’s father’s search of his stuff was objectively as a concerned parent, not as a LEO so it’s a private search

Defendant’s stepfather was a Davenport police officer, and, off-duty, he searched defendant’s property twice and turned it over to the police. The detail of his actions show him acting as a concerned parent, not as a law enforcement officer. Therefore, … Continue reading

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LA2: Arrest of def away from the premises where SW being served unreasonable under Bailey

Defendant was seen leaving the premises when police showed up with a search warrant. Then they went after him and stopped him a distance a way to return him to the scene of the search. The stop lacked reasonable suspicion … Continue reading

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D.Kan.: Sony’s reports of CP on def’s Playstation3 to NCMEC was a private search

Users of Sony’s PlayStation3 communicate with each other through Sony’s PlayStation Network, like email. Sony in its terms of service prohibits transfer of illegal things, and it reserves the right to monitor. Also, 18 U.S.C. § 2258 makes Sony a … Continue reading

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WaPo: ‘The Volokh Conspiracy’ Blog: The Geek Squad and the Fourth Amendment

WaPo: ‘The Volokh Conspiracy’ Blog: The Geek Squad and the Fourth Amendment by Orin Kerr: This isn’t a new issue. There have been cases on computer repairmen turning over computers with child pornography going back at least as far as … Continue reading

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NYLJ: Ethics of Using Hacked Information to Prosecute Criminal and Civil Claims

NYLJ: Ethics of Using Hacked Information to Prosecute Criminal and Civil Claims by Rahul Mukhi and Martha Vega-Gonzalez: Since WikiLeaks first came to global prominence in 2010, an increasing number of vigilantes, activists, and allegedly even state actors have obtained … Continue reading

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