Category Archives: Private search

Cal.4th: Google turning over CP to NCMEC was private search

Google found child pornography in emails and submitted them to NCMEC. This was a private search (which is explained in detail). It is no different than the search in Jacobsen. People v. Wilson, 2020 Cal. App. LEXIS 976 (4th Dist. … Continue reading

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MT: Private actor recording conversation on own didn’t violate state constitution

The Montana Constitution’s more “robust protection from government intrusions” still only protects against state action. A private actor recording a conversation without impetus from the state was not unreasonable. State v. Wolfe, 2020 MT 260, 2020 Mont. LEXIS 2436 (Oct. … Continue reading

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D.Kan.: USMJ there properly issued SW for Dropbox account in California

Jurisdiction for search warrants in federal court is over the offense. Thus, a USMJ could sign a search warrant for a Dropbox account in California under the SCA. United States v. Hopkins, 2020 U.S. Dist. LEXIS 173418 (D. Kan. Sept. … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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):

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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

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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

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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

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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

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