Category Archives: Third Party Doctrine

S.D.N.Y.: IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so SW not required

IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so a search warrant is not required. United States v. Kidd, 2019 U.S. Dist. LEXIS 114627 (S.D. N.Y. July 11, 2019) (citing United States … Continue reading

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GA: No REP in a police interview room where a call was overheard and recorded

There is no reasonable expectation of privacy in a police interview room. Defendant had been Mirandized and left alone in the room, knowing he was not free to leave, and told he was a suspect in a crime. He made … Continue reading

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PA: ID made as a result of warrantless search suppressed, but that which was seen before may be testified to

An officer’s identification made wholly as a result of a warrantless search renders that identification tainted and inadmissible. If, however, eyewitness identification of a defendant occurred prior to illegal conduct by law enforcement may be admissible, if based on observations … Continue reading

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Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records [a 2019 political take on the third-party doctrine]; opinion

Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records. In a ruling that should chill the heart of every American who values his Fourth Amendment rights, Obama-appointed DC District Court Judge Amit Mehta has refused to quash a … Continue reading

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D.Minn.: Gov’t proved exigency for warrantless cell phone ping

Defendant’s cell phone was pinged based on exigency. Defendant claims that it was false. “However, the salient facts on which Sgt. O’Rourke based his request are clearly borne out by the evidence.” United States v. Andrews, 2019 U.S. Dist. LEXIS … Continue reading

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Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision

Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision by Peter A. Crusco In his Cyber Crime column, Peter A. Crusco writes: Now that the initial dust raised by ‘Carpenter’ has settled, it is illuminating … Continue reading

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CA1 again holds that IP information is third party information not governed by Carpenter

First Circuit again holds that IP information is third party information not governed by Carpenter. United States v. Morel, 2019 U.S. App. LEXIS 11457 (1st Cir. Apr. 19, 2019):

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N.D.Ga.: IP information is not governed by Carpenter

IP information is not governed by Carpenter. “Obtaining information from Kik, Sprint, and Comcast did not allow law enforcement to track Defendant Jenkins’s physical location over an extended period. At most, it allowed them a lead in identifying him — … Continue reading

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MO: No REP in third-party communications with Google and Craiglist

Defendant “fails to demonstrate that he had a legitimate expectation of privacy in the communications he voluntarily delivered to unknown third parties using Google and Craigslist.” State v. Demark, 2019 Mo. App. LEXIS 446 (Apr. 2, 2019). The search warrant … Continue reading

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CA1: SCA emergency request for Kik app customer info didn’t implicate Carpenter concerns

The government used an emergency application for user data from the Kik app after learning that defendant was allegedly sending child pornography to children through it. The information was nowhere near the quality and intrusiveness of the information in Carpenter, … Continue reading

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techdirt: Utah Senate Passes Bill That Would Lock The Government Out Of Warrantless Access To Third Party Records

techdirt: Utah Senate Passes Bill That Would Lock The Government Out Of Warrantless Access To Third Party Records by Tim Cushing: Perhaps no state has unrolled and rolled up a welcome mat set out for a federal guest faster than … Continue reading

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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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