Daily Archives: August 24, 2022

N.D.Ohio: University exam proctor’s requirement of room scan before video test violates REP under 4A

The proctor of this university examination on video required a room scan to prove the student was alone. The room scan violated plaintiff’s reasonable expectation of privacy. CSU’s reliance on Wyman v. James is rejected. That case is 51 years … Continue reading

Posted in Probable cause, Reasonable expectation of privacy, Reasonable suspicion, Video surveillance | Comments Off on N.D.Ohio: University exam proctor’s requirement of room scan before video test violates REP under 4A

D.D.C.: No REP in Facebook posting tracking information

There is no reasonable expectation of privacy in the “tracking information” of underlying data in one’s social media accounts or time and location information of postings. Moreover, Facebook post tracking information is more voluntary and not fulltime tracking like CSLI … Continue reading

Posted in GPS / Tracking Data, Social media warrants | Comments Off on D.D.C.: No REP in Facebook posting tracking information

S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

Public threats against FBI agents involved in the search requires leaving the affidavit for the search warrant under seal. In re Warrant, 2022 U.S. Dist. LEXIS 150388 (S.D. Fla. Aug. 22, 2022). Defendant’s traffic stop was factually based and not … Continue reading

Posted in Pretext, Probation / Parole search, Qualified immunity, Warrant papers | Comments Off on S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

N.D.Ga.: Former AUSA as USMJ not automatically recused from hearing motion to suppress

The USMJ hearing the motion to suppress in this case was earlier an AUSA in the office prosecuting it. She had nothing to do with this case, so recusal is not required. (“Neutral and detached” never mentioned.) United States v. … Continue reading

Posted in Neutral and detached magistrate, Reasonable suspicion, Social media warrants | Comments Off on N.D.Ga.: Former AUSA as USMJ not automatically recused from hearing motion to suppress