Category Archives: Search

N.D.Ga.: Prior illegal search of cell phone was moot by SW based on prior acquired info

Even though the government conducted an illegal warrantless search of defendant’s cell phone, they later obtained a search warrant based on previously acquired information, so the independent source doctrine applies. United States v. Keel, 2017 U.S. Dist. LEXIS 58895 (N.D. … Continue reading

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S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent

A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading

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E.D.Cal.: A stolen laptop from a prison medical provider wasn’t a “search”

A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading

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D.Del.: Dog sniff at a storage unit not a search

A dog sniff at a storage unit didn’t violate any reasonable expectation of privacy. It isn’t the same as curtilage of the home. Defendant’s attempt to show a Franks discrepancy because he originally rented C43 but moved two weeks later … Continue reading

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D.Alaska: Installing GPS on a package with an anticipatory warrant didn’t require SW

An anticipatory search warrant was issued for 1921 but was delivered to 1911 because of the use of false addresses. The police entered to seize the package. Defendant doesn’t show he has standing in either the package or the place … Continue reading

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S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search

Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell … Continue reading

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CA11: “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.”

Unwilling sonogram by a college in a class is a Fourth Amendment search. “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.” Investigative purpose not required. Doe v. Valencia College Board of Trustees, … Continue reading

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D.Del.: Where records examination is voluntary, no 4A claim stated where ptf refuses

The Delaware State Escheater sought an examination of records of Marathon Petroleum, and it refused to comply. The state could not force plaintiff to comply, so there is no search if plaintiff refuses. Marathon Petroleum Corp. v. Cook, 2016 U.S. … Continue reading

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MA: That CI’s tip in another case wasn’t good enough doesn’t say much about this one where it was more detailed and better corroborated

The CI’s tip here was detailed and substantially corroborated. As to the CI’s track record, a search was suppressed on his information after this one occurred, but that doesn’t ipso facto impugn his credibility. In the other case, the CI’s … Continue reading

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WaPo: The Volokh Conspiracy; Applying the Fourth Amendment to placing calls from a locked phone to identify its owner

WaPo: The Volokh Conspiracy: Applying the Fourth Amendment to placing calls from a locked phone to identify its owner by Orin Kerr:

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