Category Archives: Third Party Doctrine

E.D.N.C.: The third-party doctrine is information about records, not content

Third party information: “This type of information is unprotected by the Fourth Amendment. See Smith, 442 U.S. at 742. Courts routinely recognize that under Smith’s logic as applied to these statutes, this type of information constitutes communication records, not content.” … Continue reading

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CA6: No REP in “Walmart pay app” purchases; it’s a third-party record

Defendant had no reasonable expectation of privacy in his “Walmart pay app” purchases from a third party subpoena of things he used in a bank robbery shortly thereafter. “Therefore, the third-party doctrine still applies to business records that might reveal … Continue reading

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techdirt: Every Major Pharmacy Chain Is Giving The Government Warrantless Access To Medical Records

techdirt: Every Major Pharmacy Chain Is Giving The Government Warrantless Access To Medical Records by Tim Cushing:

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WaPo: It’s time to end the third-party doctrine (opinion)

WaPo: It’s time to end the third-party doctrine by Robert Frommer:

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OR: Third-party business records not to be treated the same as electronic records as in Carpenter

A third-party company’s records aren’t as detailed as electronic records (as in Carpenter), and they are not subject to the same standards for a warrant. State v. Hargrove, 327 Ore. App. 437 (Aug. 16, 2023) (at least not yet and … Continue reading

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NY Albany: Text message confession to molestation to wife was still covered by marital privilege when she disclosed to police

Defendant confessed to his wife by text message to molestation of his nephew. Despite her consenting to turn it over to the police, he had a reasonable expectation of privacy in the message and marital privilege still applied. People v. … Continue reading

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Forbes: U.S. Government Buying ‘Intimate’ Data About Americans, Report Finds

Forbes: U.S. Government Buying ‘Intimate’ Data About Americans, Report Finds by Katherine Hamilton of the Forbes Staff (“Data brokers that collect information from Americans’ phones, web browsers and cars have contracts with numerous government agencies to sell them that data, … Continue reading

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D.Colo.: Bank records have no REP so they can be obtained for restitution purposes

There is no reasonable expectation of privacy in bank records, and the government can obtain them to enforce a restitution order. United States v. Osborn, 2023 U.S. Dist. LEXIS 90076 (D. Colo. May 23, 2023). Defendant doesn’t get a Franks … Continue reading

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N.D.Ala.: No REP in DEA’s license plate reader database

“First, Officer Josh Powers did not violate Toombs’ Fourth Amendment rights by accessing license plate reader data from the Department of Justice’s Drug Enforcement Administration System Information License (‘DEASIL’). Second, Powers had reasonable suspicion of criminal activity when he extended … Continue reading

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ABA: Regulating Forensic Genetic Genealogy: Balancing Privacy Concerns with the Needs of Law Enforcement in a Time of Consumer DNA Testing Services

Regulating Forensic Genetic Genealogy: Balancing Privacy Concerns with the Needs of Law Enforcement in a Time of Consumer DNA Testing Services by Devinder Hans (ABA Mar. 28, 2023)

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PA: No standing to challenge Google SW for who searched rape victim’s name before crime

In a home invasion rape case, the state sought from Google search information involving the victim’s name in the 48 hours before the rape, and there were searches for that from defendant’s IP address. Defendant had no reasonable expectation of … Continue reading

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ars technica: FBI finally admits to buying location data on Americans, horrifying experts

ars technica: FBI finally admits to buying location data on Americans, horrifying experts by Ashley Belanger (“FBI director denied that the agency currently purchases location data.”)

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SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

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N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

In a child exploitation case, the government admitted that the state search warrant in another state wasn’t as detailed as they’d have done, but it still showed probable cause and was supported by the good faith exception. The mobile IP … Continue reading

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techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections

techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections by Tim Cushing (“There’s only so much domestic surveillance the government can engage in before it starts running into problems. The Supreme Court’s Carpenter decision strongly suggested gathering … Continue reading

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Gizmodo: ‘Gap’ in App Store Rules Endangers Reproductive Data, [only 9] Top Law Enforcement Chiefs Say

Gizmodo: ‘Gap’ in App Store Rules Endangers Reproductive Data, Top Law Enforcement Chiefs Say by Dell Cameron (“Attorneys general in nine states and the District of Columbia are urging Apple this week to introduce new App Store requirements designed to … Continue reading

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WaPo: Google reaches record $392M privacy settlement over location data

WaPo: Google reaches record $392M privacy settlement over location data by Bryan Pietsch (“Google agreed to pay $391.5 million to 40 states to settle an investigation into its location tracking practices, a coalition of state attorneys general announced Monday. The … Continue reading

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MA: Def not prejudiced by third party’s response to SW

A third party in possession of Medicaid records was served with a search warrant, and appellant complains of the procedural nature of the third party’s response. [Aside from no standing,] Appellant doesn’t even attempt to show that the exclusionary rule … Continue reading

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E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022). The … Continue reading

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E.D.Tenn.: Walmart Pay records do not require SW

A search warrant isn’t needed for investigators to access information from Walmart Pay. Carpenter doesn’t apply. United States v. Whipple, 2022 U.S. Dist. LEXIS 153126 (E.D. Tenn. Aug. 25, 2022). A claim that the officer presented false information to get … Continue reading

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