D.Conn.: Posting things to Facebook is a waiver of any REP, even in a “friends” setting

By posting to Facebook, even with a friends only setting, defendant waived his reasonable expectation of privacy in his postings. On the merits of the search warrant for Facebook, probable cause was shown. United States v. Westley, 2018 U.S. Dist. LEXIS 118571 (D. Conn. July 17, 2018),

Police getting defendant to walk to his apartment manager’s office about “a problem” was not a seizure. If a ruse had been used, maybe; but that’s not the case. Ramos v. State, 2018 Alas. App. LEXIS 136 (July 18, 2018) (memorandum).*

“The defendant’s valid waiver forecloses appellate review of the denial of that branch of his omnibus motion which was to suppress his statements made to law enforcement officials, the denial of his motion to controvert a search warrant and suppress the physical evidence recovered …, and his excessive sentence claim ….” People v. Rivera, 2018 NY Slip Op 05338, 2018 N.Y. App. Div. LEXIS 5223 (2d Dept. July 19, 2018).*

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