Category Archives: Third Party Doctrine

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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N.D.Ga.: IP information is not governed by Carpenter

IP information is not governed by Carpenter. “Obtaining information from Kik, Sprint, and Comcast did not allow law enforcement to track Defendant Jenkins’s physical location over an extended period. At most, it allowed them a lead in identifying him — … Continue reading

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MO: No REP in third-party communications with Google and Craiglist

Defendant “fails to demonstrate that he had a legitimate expectation of privacy in the communications he voluntarily delivered to unknown third parties using Google and Craigslist.” State v. Demark, 2019 Mo. App. LEXIS 446 (Apr. 2, 2019). The search warrant … Continue reading

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CA1: SCA emergency request for Kik app customer info didn’t implicate Carpenter concerns

The government used an emergency application for user data from the Kik app after learning that defendant was allegedly sending child pornography to children through it. The information was nowhere near the quality and intrusiveness of the information in Carpenter, … Continue reading

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techdirt: Utah Senate Passes Bill That Would Lock The Government Out Of Warrantless Access To Third Party Records

techdirt: Utah Senate Passes Bill That Would Lock The Government Out Of Warrantless Access To Third Party Records by Tim Cushing: Perhaps no state has unrolled and rolled up a welcome mat set out for a federal guest faster than … Continue reading

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S.D.N.Y.: AirBnB can’t block all discovery of customer’s third-party records

In AirBnB’s case against NYC, the city gets discovery of some of AirBnB’s customer records because it is third-party information subject to disclosure at least to determine the extent of an expectation of privacy. AirBnB, Inc. v. City of New … Continue reading

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CA9: While there was no basis for def’s stop, his and his passenger’s flight after stopping was an intervening circumstance

The court agrees that there was no basis for defendant’s traffic stop, but, after defendant stopped the car, his passenger bailed out of the car and ran, and then defendant took off and went another two miles before he was … Continue reading

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D.Ariz.: Carpenter doesn’t change the third-party doctrine as to IP information

Carpenter doesn’t change the third-party doctrine as to IP information. United States v. McCutchin, 2019 U.S. Dist. LEXIS 36811 (D. Ariz. Mar. 7, 2019). The affidavits “are somewhat thin,” but this is deferential, not de novo, review, and, while this … Continue reading

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D.V.I.: “Premises” includes the curtilage

The premises for a search warrant includes the curtilage, and drugs found hidden outside the house on the curtilage just a few feet from the house were properly seized. United States v. Dowling, 2019 U.S. Dist. LEXIS 34956 (D. V.I. … Continue reading

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