Category Archives: Third Party Doctrine

E.D.Va.: Three images from ALPR in 30 days wasn’t enough for a Carpenter violation

Police checking the database of Flock’s ALPR for defendant’s license plate revealed only three images in 30 days. The court is not inclined to hold that the mere potential of a Carpenter violation makes one. What happens hereafter might. United … Continue reading

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NPR: 23andMe is on the brink. What happens to all its DNA data?

NPR: 23andMe is on the brink. What happens to all its DNA data? by Bobby Allyn (“As 23andMe struggles for survival, customers like Wiles have one pressing question: What is the company’s plan for all the data it has collected … Continue reading

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NE: Not IAC to not challenge state’s obtaining phone records

It was settled in this state long ago that there is no reasonable expectation of privacy in third-party cell phone records. Therefore, defense counsel wasn’t ineffective for not challenging it. State v. Rush, 317 Neb. 622 (Sep. 20, 2024).* On … Continue reading

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D.N.J.: Fictitious tags stop justifies SI

Based on circuit authority, a stop and arrest for fictitious tags justifies a search incident on the driver. United States v. Jones, 2024 U.S. Dist. LEXIS 161352 (E.D. Wis. Sep. 9, 2024), quoting United States v. Travis, 2023 U.S. App. … Continue reading

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Harvard Law Review: Tech Companies’ Terms of Service Agreements Could Bring New Vitality to the Fourth Amendment

Harvard Law Review: Tech Companies’ Terms of Service Agreements Could Bring New Vitality to the Fourth Amendment by Brent Skorup [that is, if they choose to do anything about it]:

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Cal.6: Cell phone SW was limited to a specific date and time for certain materials, but the search far exceeded it; suppressed, no GFE

The search warrant here was issued for evidence of a sexual assault of an adult. There were pretext text messages sent by the police pretending to be the victim to get an admission. When the search warrant was executed, child … Continue reading

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The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance

The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance by John Yelland (“In today’s digital age, financial transactions are meticulously tracked by both private companies and government entities. This pervasive financial surveillance often goes … Continue reading

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Reason: The Feds Are Skirting the Fourth Amendment by Buying Data

Reason: The Feds Are Skirting the Fourth Amendment by Buying Data by Joe Lancaster (“The government needs a warrant to spy on you. So agencies are paying tech companies to do it instead.”)

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Air Force: Court martial access to government-owned records is not a 4A issue

Court martial access to government-owned records is not a Fourth Amendment issue. In re AG, 2024 CCA LEXIS 256 (A.F. Ct. Crim. App. June 28, 2024). “Based on the foregoing, Craine was not entitled to a Franks hearing because he … Continue reading

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E.D.Cal.: Motion to reconsider motion to suppress has to be consistent with original motion; new claim waived

The motion to reconsider defendant’s Fourth Amendment claim was inconsistent with the motion to reconsider. No. United States v. Garza, 2024 U.S. Dist. LEXIS 112102 (E.D. Cal. June 25, 2024). Defendant’s 2255 on his Fourth Amendment is barred by Stone … Continue reading

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CA3: Getting ptf’s personal information from third parties after he was seen open carrying was not 2A or 4A violation

Plaintiff was seen open carrying on a bicycle, and the officer attempted to stop him. The officer later got information on plaintiff from a store he’d been in. None of that violated the Second or Fourth Amendment. Glover v. Fidaannd, … Continue reading

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OH10: Alleged violation of prosecutor’s subpoena power not subject to exclusionary rule; also, subject matter was third party record

A violation of the state prosecuting attorney’s subpoena power in felony cases was not subject to the exclusionary rule. In addition, obtaining third party information from an IP address is not a search. State v. Diaw, 2024-Ohio-2237, 2024 Ohio App. … Continue reading

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MA: Cell phone call logs don’t require a search warrant

Cell phone call logs don’t require a search warrant to get them. “Despite the narrowing of the third-party doctrine in other contexts, it remains applicable to call detail records. Notwithstanding recent technological changes, the phone numbers an individual dials are … Continue reading

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Reason: Here’s How the CIA Plans To Use Your Ad Tracking Data

Reason: Here’s How the CIA Plans To Use Your Ad Tracking Data by Matthew Petti (“The intelligence community is admitting that info from data brokers is sensitive but isn’t accepting hard limits on how to use it.” “For years, the … Continue reading

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WSJ: U.S. Spy Agencies Know Our Secrets. They Bought Them.

Wall Street Journal: U.S. Spy Agencies Know Our Secrets. They Bought Them. by Byron Tau (“Whatever the U.S. can do with commercial data, foreign governments can do too. Last week, President Biden signed an executive order to prevent certain adversary … Continue reading

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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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