Category Archives: Private search

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

Posted in Private search, Probable cause | Comments Off

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

Posted in Cell phones, Private search | Comments Off

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

Posted in Private search, Probable cause | Comments Off

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

Posted in Private search, Stop and frisk | Comments Off

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

Posted in Exclusionary rule, Plain view, feel, smell, Private search | Comments Off

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

Posted in Private search | Comments Off

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

Posted in Private search, Reasonable suspicion | Comments Off

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

Posted in Ineffective assistance, Private search | Comments Off

CA3: State court loss of suppression motion as private search was collateral estoppel to § 1983 case

Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff’s room. The next day, university security searched his room, and he was charged in the … Continue reading

Posted in § 1983 / Bivens, Private search | Comments Off

OH7: Bounty hunters have no license to enter as police officers do under state statute

While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading

Posted in Arrest or entry on arrest, Private search | Comments Off

ND: Entry by bail bond bounty hunters with police at perimeter declining to help was a private search

Three bail bond bounty hunters arrived at defendant’s house to take defendant’s brother into custody. Getting no response at the door, they called police for backup. Officers arrived and confirmed that they had a warrant for defendant’s brother and agreed … Continue reading

Posted in Private search | Comments Off

S.D.Cal.: Google’s email search scanning for CP was a private search; DHS’s separate search was “not a significant expansion”

Google’s scanning of email for child pornography is a private search. The DHS review of defendant’s emails wasn’t a significant expansion of the private search. United States v. Wilson, 2017 U.S. Dist. LEXIS 98432 (S.D. Cal. June 26, 2017):

Posted in Private search | Comments Off