Category Archives: Third Party Doctrine

EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v. U.S.: Year in Review 2019

EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v US: Year in Review 2019 by Jennifer Lynch (“In the year and a half since the Supreme Court’s ruling, Carpenter has been cited in more than … Continue reading

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CA6: Def doesn’t show officer delayed stop for drug dog; whole encounter was 5-10 minutes

Defendant argued that the officer delayed the process of issuing a traffic citation by extraneous questioning just to get a dog sniff in within the period before the traffic citation could be completed. Still, the entire process reasonably took ten … Continue reading

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Brietbart: Pollak: House Democrats Violated the First, Fourth, Fifth, and Sixth Amendments in Impeachment Inquiry [No they didn’t.]

Brietbart: Pollak: House Democrats Violated the First, Fourth, Fifth, and Sixth Amendments in Impeachment Inquiry by Joel Pollack:

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SCOTUSBlog: Justices to take up battle over Trump financial documents [or, what does this mean to the third-party doctrine?]

SCOTUSBlog: Justices to take up battle over Trump financial documents by Amy Howe:

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D.Mont.: Using Western Union for money transfer creates no REP in WU’s records

Western Union’s production of money transfer records was a classic third-party record situation where there was no reasonable expectation of privacy. United States v. Escobedo, 2019 U.S. Dist. LEXIS 208067 (D. Mont. Dec. 2, 2019). Defendant’s inconsistent story about whether … Continue reading

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PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

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W.D.Wash.: No reasonable expectation of privacy in Bitcoin records

There is no reasonable expectation of privacy in Bitcoin records. Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, 2019):

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M.D.Pa.: Bank records can’t be equated with CSLI in detail, and a subpoena is constitutionally sufficient

Defendant’s bank records cannot be equated with CSLI such that a search warrant is required rather than a subpoena. As Carpenter says: “Our decision today is a narrow one. … We do not disturb the application of Smith or Miller … Continue reading

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OH: On LPN check, car not matching color on registration is enough for a stop to see if it’s stolen

“When an officer encounters a vehicle the whole of which is painted a different color from the color listed in the vehicle-registration records and the officer believes, based on his experience, that the vehicle or its displayed license plates may … Continue reading

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OH6: Search claim can’t be raised on post-conviction, but def would lose on merits anyway

Defendant in post-conviction raises seizure of a Western Union document from Kroger. First, that’s defaulted. Second, it’s admissible through the third-party doctrine. State v. Young, 2019-Ohio-3819, 2019 Ohio App. LEXIS 3873 (6th Dist. Sept. 20, 2019).* Defendant’s guilty plea waives … Continue reading

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CA8: Patel didn’t bar police requesting look at hotel registry in looking for bank robbers; third-party doctrine applies

City of Los Angeles v. Patel didn’t make the police look at a hotel registry a search. Defendants were suspected of bank fraud and aggravated identity theft in printing bogus checks and cashing them. Police went to a motel where … Continue reading

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AZ CoA finds REP in IP information under state constitution where 4A would not

While the Fourth Amendment’s third party doctrine does not recognize a reasonable expectation of privacy in IP information, the court concludes that the state constitution does (and it follows several other states rejecting Miller and Smith on some basis). State … Continue reading

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