Category Archives: Third Party Doctrine

S.D.N.Y.: AirBnB can’t block all discovery of customer’s third-party records

In AirBnB’s case against NYC, the city gets discovery of some of AirBnB’s customer records because it is third-party information subject to disclosure at least to determine the extent of an expectation of privacy. AirBnB, Inc. v. City of New … Continue reading

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CA9: While there was no basis for def’s stop, his and his passenger’s flight after stopping was an intervening circumstance

The court agrees that there was no basis for defendant’s traffic stop, but, after defendant stopped the car, his passenger bailed out of the car and ran, and then defendant took off and went another two miles before he was … Continue reading

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D.Ariz.: Carpenter doesn’t change the third-party doctrine as to IP information

Carpenter doesn’t change the third-party doctrine as to IP information. United States v. McCutchin, 2019 U.S. Dist. LEXIS 36811 (D. Ariz. Mar. 7, 2019). The affidavits “are somewhat thin,” but this is deferential, not de novo, review, and, while this … Continue reading

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D.V.I.: “Premises” includes the curtilage

The premises for a search warrant includes the curtilage, and drugs found hidden outside the house on the curtilage just a few feet from the house were properly seized. United States v. Dowling, 2019 U.S. Dist. LEXIS 34956 (D. V.I. … Continue reading

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The Federalist Society: Justice Gorsuch, Carpenter, & the Fourth Amendment

The Federalist Society: Justice Gorsuch, Carpenter, & the Fourth Amendment [POLICYbrief] by Ashley Baker:

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W.D.La.: USPS website usage records are third-party records, and def had no REP in them

The government had digital evidence that defendant tracked a package on the USPS. His motion to suppress this third-party evidence is denied. First, anybody could track a package on the USPS website if they had the tracking number, and, second, … Continue reading

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MN law that requires identifying information on renters is third party information and voluntary disclosure doesn’t offend Patel

Defendant rented a motel room in Minnesota, and state law requires the hotelier to gather certain basic identifying information about the renter. The police came and inquired of the hotel. They ran defendant’s information and learned that he’d been convicted … Continue reading

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ABA Criminal Justice: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data

ABA: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data by Melody J. Brannon, 33 Criminal Justice No. 4 at 20 (Winter 2019):

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The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider

The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider by Michael Price and Bill Wolf (NACDL, Dec. 2018) at 20-25: The implications of the Supreme Court’s decision in Carpenter v. United States are just … Continue reading

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New law review article: Fourth Amendment Reasonableness After Carpenter

This brief essay is great insight into arguing the next steps of Carpenter, reasonableness, property rights, and whether the reasonable expectation of privacy test will be changed. We recommend you read all you can about Carpenter because the right reasonableness … Continue reading

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WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests

WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests by Lindsey Bever: After a nationwide class-action lawsuit against Motel 6, the chain agreed to pay as much as $7.6 million … Continue reading

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D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

Defendant’s use of IP addresses his computer signed in through isn’t enough like CSLI in Carpenter to require a search warrant. United States v. Monroe, 2018 U.S. Dist. LEXIS 186998 (D. R.I. Nov. 1, 2018):

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