Category Archives: Third Party Doctrine

OH6: Search claim can’t be raised on post-conviction, but def would lose on merits anyway

Defendant in post-conviction raises seizure of a Western Union document from Kroger. First, that’s defaulted. Second, it’s admissible through the third-party doctrine. State v. Young, 2019-Ohio-3819, 2019 Ohio App. LEXIS 3873 (6th Dist. Sept. 20, 2019).* Defendant’s guilty plea waives … Continue reading

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CA8: Patel didn’t bar police requesting look at hotel registry in looking for bank robbers; third-party doctrine applies

City of Los Angeles v. Patel didn’t make the police look at a hotel registry a search. Defendants were suspected of bank fraud and aggravated identity theft in printing bogus checks and cashing them. Police went to a motel where … Continue reading

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AZ CoA finds REP in IP information under state constitution where 4A would not

While the Fourth Amendment’s third party doctrine does not recognize a reasonable expectation of privacy in IP information, the court concludes that the state constitution does (and it follows several other states rejecting Miller and Smith on some basis). State … Continue reading

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CA1: Police chief’s order to officer to turn over cellphone and home phone records not a constitutional violation under third-party doctrine; chief gets qualified immunity

Plaintiff is a police officer, and the chief ordered production of his cell phone and home phone records in an internal investigation. The chief gets qualified immunity because of the third party doctrine. Those records were obtainable by subpoena from … Continue reading

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Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment

Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment by Don Suarez, arguing that Carpenter applies: “We hold only that a warrant is required in … Continue reading

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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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