Category Archives: Private search

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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ID: Interstate bus driver’s opening backpack was private search even though officer was watching

An interstate bus traveling from Portland OR to Salt Lake City stopped in Boise. The bus driver was moving luggage around to straighten it up for the boarding passengers, and he smelled marijuana coming from a backpack. He called the … Continue reading

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CA5: Def consented after drug dog didn’t alert, and it was valid

Defendant was stopped at an immigration checkpoint at Laredo, saying he was going to San Antonio. The officer found the story dubious, ran the paperwork in seconds, and then got a drug dog which did not alert. Then defendant consented … Continue reading

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CA10: NCMEC is govt agent not a subject to private search doctrine; email a “paper” or “effect” for 4A

NCMEC is a government actor because of how the government treats and funds it, and the private search doctrine does not apply to it. AOL here captured emails with child pornography and forwarded them to NCMEC which further searched them, … Continue reading

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ND: Landlord searched and seized backpack; police didn’t exceed landlord’s private search

A landlord told a defendant tenant to stop smoking marijuana in this apartment building, but defendant didn’t. The landlord went to the apartment which was unoccupied at the moment, entered, and looked at defendant’s backpack finding marijuana. He took it … Continue reading

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