Category Archives: Private search

D.D.C.: Post-trial suppression motion denied for lack of showing of merit

An attempt at a post-trial suppression motion in a motion for new trial was denied where the defense couldn’t show any merit to the motion in the first place. United States v. Baylor, 2019 U.S. Dist. LEXIS 129708 (D.D.C. Aug. … Continue reading

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CA2: Whether NCMEC was a government actor wasn’t sufficiently developed by def

In this child pornography case, defendant argued that NCMEC was not a private actor citing Ackerman from the Tenth Circuit, but the record was not sufficiently developed for the court to conclude that. There was probable cause for the search … Continue reading

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TX14: The exclusionary rule does not apply to drug testing in a termination of parental rights case

The exclusionary rule does not apply to drug testing in a termination of parental rights case. In the Interest of L.C.L., 2019 Tex. App. LEXIS 6018 (Tex. App. – Houston (14th Dist.) July 16, 2019). The smell of marijuana during … Continue reading

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OH12: Def’s denial of ownership of her purse twice was abandonment

Defendant’s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).* The search warrant for … Continue reading

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TX: Art. 38.23 does not extend 4A to private searches

“We disavow the idea that Article 38.23 extends the Fourth Amendment to private citizens acting in a private capacity. We reaffirm that the Fourth Amendment is a restraint on government and that it does not apply to private individuals who … Continue reading

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N.D.Ind.: No REP in an open office where others were free to come and go and document was taken at police insistence

Here the court considers a post-verdict motion to suppress. The court noted that there were kernels of cause for a motion to suppress, albeit a private search of an office, but the complete picture didn’t develop until trial. Giving he … Continue reading

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PA: Computer repair tech’s finding CP on computer was private search; police didn’t exceed it

Defendant took his computer in for repair. The computer tech determined the hard drive was failing, and he consented to replacement and moving the files. The tech found child porn and told the police. They came and their view of … Continue reading

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CA6: Date of receipt of CP isn’t a limit on the scope of a SW

In a child pornography investigation, the date of the alleged obtaining the child porn doesn’t limit the scope of the search warrant. Moreover, the fact it was known to be on one device does mean that only that device can … Continue reading

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Lexology: When monitoring employees’ computer activity, don’t overreach

Lexology: When monitoring employees’ computer activity, don’t overreach by Robin Shea:

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D.Neb.: Google’s email search was a private search and NCMEC didn’t expand it

Google and NCMEC did not conduct Fourth Amendment searches when they encountered child pornography tied to his email account. They did private searches for their own purposes, and NCMEC did not expand Google’s private search. United States v. Ringland, 2019 … Continue reading

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N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form

The officer used a smartphone translation application which has been disapproved of by other courts. Here, however, defendant also got a form in correct Spanish, and that overcame the use of the app. United States v. Salemi-Nicoloso, 2018 U.S. Dist. … Continue reading

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OH5: A mandated CP reporter isn’t a state actor

The fact AOL is a mandated reporter of child pornography that it discovers does not make AOL a state actor in its discovery of child pornography. Thus, AOL’s search of the email was a private search. Then there was a … Continue reading

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