Category Archives: Third Party Doctrine

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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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

Posted in Informant hearsay, Probable cause, Third Party Doctrine | Comments Off on D.Mont.: Using Western Union for money transfer creates no REP in WU’s records