Category Archives: Third Party Doctrine

CA5: Bitcoin transactions are like third-party bank records with no REP

Bitcoin transactions are akin to third-party bank records and are not governed by Carpenter. There is no added reasonable expectation of privacy in them. United States v. Gratkowski, 2020 U.S. App. LEXIS 20501 (5th Cir. June 30, 2020). The vehicle … Continue reading

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AP: Michigan voters to decide on data protections in November election

AP: Michigan voters to decide on data protections in November election (“A state constitutional amendment to designate electronic communication and data as personal property has made it onto the November ballot. If passed, the amendment would put the same protections … Continue reading

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NM declines to adopt third-party doctrine in bank records under state constitution

“In this opinion we address whether, pursuant to Article II, Section 10 of the New Mexico Constitution, defendants Ismael and Angela Adame (the Adames) had a reasonable expectation of privacy in personal financial records maintained by their banks. We hold … Continue reading

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D.Mass.: BitTorrent software still subject to third-party doctrine despite its technical sophistication

Defendant claims that BitTorrent downloading is so sophisticated that the third-party doctrine of Smith and Miller should not apply. The court takes the argument seriously but rejects it. Carpenter doesn’t undermine the third-party doctrine, and the motion to suppress is … Continue reading

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Justia: The Third-Party Doctrine vs. Katz v. United States

Justia: The Third-Party Doctrine vs. Katz v. United States by Sherry F. Colb:

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N.D.Ind.: Def’s claim the warrant for his Facebook account is akin to Carpenter and CSLI fails as completely speculative and an admitted “guess”

United States v. Cox, 2020 U.S. Dist. LEXIS 97326 (N.D. Ind. June 3, 2020):

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MN: McNeely retroactive under Birchfield

“The rule announced in Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552 (2013), that the dissipation of alcohol in the bloodstream is not a per se exigency justifying the warrantless search of a suspected impaired driver-applies retroactively when … Continue reading

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LA: No PC for warrantless entry and security cameras are not exigency

“Here, the trial court made credibility determinations based on the testimony of multiple officers involved in defendant’s arrest and found that officers lacked probable cause to search defendant’s residence. Furthermore, observation that defendant’s home had security cameras failed to amount … Continue reading

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W.D.N.Y.: SW for telephone records not required instead of a subpoena

Defendant was entitled to a search warrant rather than a search warrant to obtain his telephone records. United States v. McClain, 2020 U.S. Dist. LEXIS 55427 (W.D. N.Y. Mar. 30, 2020). The search warrant application for child pornography wasn’t at … Continue reading

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D.Nev.: No REP in prescription drug database from police inspection

Defendant had no reasonable expectation of privacy in the Nevada prescription drug database because he willingly provided the information to the doctor and the pharmacist, and the police need cause to get access. United States v. Motley, 2020 U.S. Dist. … Continue reading

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Vox: Verizon, T-Mobile, Sprint, and AT&T could be facing big fines for selling your location data

Vox: Verizon, T-Mobile, Sprint, and AT&T could be facing big fines for selling your location data by Sara Morrison (“Your mobile phone company might be on the hook for fines from the Federal Communications Commission (FCC) for selling your real-time … Continue reading

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Security Boulevard: Personal Data Collection: Outsourcing Surveillance

Security Boulevard: Personal Data Collection: Outsourcing Surveillance by Mark Rasch (“The buying and selling of personal data means more entities are able to conduct surveillance without needing a warrant”)

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PA: Robber had no REP in proof of his wifi connection on property of another when committing the robbery

Defendant was accused of a 2 am robbery and assault in a dorm on the Moravian College campus in Bethlehem, Pennsylvania. Campus police checked the wifi connections and found three at 2 am that were not residents of the dorm. … Continue reading

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OR: Car owner had no REP from GPS installed by his company before he got the car from them

Plaintiff worked for Toyota Motor Credit and Toyota Financial Services. When he severed his employment with them, he was allowed to keep the vehicle he used for them. Unbeknownst to him, Toyota Financial Services had a GPS device on the … Continue reading

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OH6: Checking DMV records involves no 4A intrustion

“[T]he law is clear that a police officer’s check of a person’s Bureau of Motor Vehicles records does not implicate Fourth Amendment rights, as it does not constitute an invasion as it involves no intrusion.” State v. Price, 2020-Ohio-220, 2020 … Continue reading

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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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