Category Archives: Private search

MI: Electric company’s use of smart meters is not state action for 4A purposes

The electric company’s decision to install smart meters is not a Fourth Amendment issue because the company is a private actor. In re Consumers Energy Co., 2017 Mich. App. LEXIS 2161 (Oct. 10, 2017, published Dec. 28, 2017). The state … Continue reading

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IL: ER dr. ordered forced catheterization from combative female for urine sample; wasn’t state action because two police officers helped hold her down

Defendant was involved in a vehicle accident and hospitalized. The ER doctor needed to know whether she was on drugs, and he ordered forced catheterization to get urine since defendant was combative. Two officers who also wanted to know whether … Continue reading

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PA: Telling computer repair person to move files to a new hard drive was a waiver of REP

Defendant essentially waived his reasonable expectation of privacy in his computer hard drive when he took it in for repair, was told that the hard drive was failing and he needed a new one, and then directed them to move … Continue reading

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FL5: Peeing in a parking lot is RS of “public nudity” justifying a stop

Peeing in a parking lot is reasonable suspicion of “public nudity” justifying a stop. State v. Harris, 2017 Fla. App. LEXIS 18994 (Fla. 5th DCA Dec. 15, 2017). Defendant’s rental company maintenance man was acting as a private citizen when … Continue reading

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ID: Court-approved receiver acting on behalf of a creditor is not a state actor for 4A purposes

A court-approved receiver acting on behalf of a creditor is not a state actor for Fourth Amendment purposes. Wechsler v. Wechsler, 2017 Ida. LEXIS 332 (Dec. 6, 2017):

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MassPrivateI: Police in two states use hospitals to take motorists blood without a warrant

MassPrivateI: Police in two states use hospitals to take motorists blood without a warrant:

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IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw … Continue reading

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D.N.M.: Def was evicted once arrested and couldn’t go back to apt; landlord’s gathering stuff was a private search, and papers were made available to police

After defendant’s arrest, the landlord evicted him and gathered up his stuff. The police got the paperwork from the apartment from the landlord, and some of it was incriminating. Because the police didn’t instigate the landlord evicting him other than … Continue reading

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WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed 

WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed by Tom Jackman: 

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N.D.Cal.: Google is a private actor when it scans email for CP and then turns it over

Google is a private actor when it scans emails looking for child pornography by the images’ hash values. Google has an important interest in keeping CP off the internet and not being the vehicle for its transmission. There was no … Continue reading

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CA9: Def’s wife was a private actor turning over his hard drive to the police

Defendant’s wife was not acting as an agent of the government when she turned over his hard drive to the police. The search warrant they obtained was clearly issued on probable cause. United States v. Wolff, 2017 U.S. App. LEXIS … Continue reading

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TX14: Def’s gf’s private search of his cell phone finding CP wasn’t unreasonable search

Defendant’s girlfriend had free access to his cell phone because the password on the phone was shared with her and it was the same as the PIN on his debit card which she also used. She conducted a valid private … Continue reading

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