Category Archives: Private search

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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D.Haw.: Alleged illegal search by “marshals of the Kingdom of Atooi” was private search

A crate of marijuana was searched by “marshals of the Kingdom of Atooi,” a Polynesian kingdom within Hawai’i not otherwise described. Their search was not at insistence or with the acquiescence of the state or federal government, and it could … Continue reading

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TX10: State showed exigency for warrantless blood draw by necessary delay

The state showed exigency for a warrantless blood draw. Defendant was in a crash, and the trooper (the only one in the county) arrived an hour after the wreck, and defendant was already at the hospital. After investigating the scene, … Continue reading

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PA: Letter from def in jail ended up at DA’s office already opened; private search

Defendant’s motion to suppress was delivered to the DA’s office by an unknown person in an envelope along with another already opened envelope inside that contained a letter from defendant in the jail to his girl friend encouraging witnesses to … Continue reading

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