Category Archives: Private search

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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W.D.Mo.: Stopping def on the street because he vaguely matched the description of an assailant from three days earlier lacked RS

Defendant was approached on the street as he was walking past the police station because he was the same race as a man who was a suspect in an assault three days later. He gave his first name but kept … Continue reading

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TX14: Private search in Texas not subject to statute exclusionary rule

Defendant’s girlfriend accessed his cell phones: his Android wasn’t password protected but his iPhone was but she knew the password. This was a private search, and the Texas statutory exclusionary rule doesn’t apply. Thomas v. State, 2017 Tex. App. LEXIS … Continue reading

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TX4: Seizure and search of teacher’s cell phone by school administrator was private and not subject to TX statutory exclusionary rule

Defendant was a substitute teacher, and his cell phone was used to upskirt girls in the school. Some of the students figured it out and reported it to the school administration. One of the administrators confronted defendant and he admitted … Continue reading

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DC: Time and proximity to a crime are important in RS, but here it was lacking

Time and proximity are important in the reasonable suspicion calculus. The closer in time with proximity to the scene of a crime, the more likely the suspect is involved in the suspected or already occurred criminal activity. Here, however, two … Continue reading

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CA9: Getting some public funds doesn’t make a private actor public

A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. Nkwuo v. Angel, 2017 U.S. … Continue reading

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