{"id":1643,"date":"2007-12-30T09:21:28","date_gmt":"2007-12-30T09:21:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-30T09:21:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1643","title":{"rendered":"NYC cab drivers’ trip records are subject to governmental review"},"content":{"rendered":"

NYC Taxi & Limousine Commission trip records are subject to seizure (by the City’s admission), but it is reasonable. The court had already upheld the regulations in Alexandre v. New York City Taxi & Limousine Comm’n<\/em><\/a>, 2007 U.S. Dist. LEXIS 73642 (S.D. N.Y. September 28, 2007) (posted here<\/a>). Buliga v. New York City Taxi Limousine Comm’n<\/a>, 2007 U.S. Dist. LEXIS 94024 (S.D. N.Y. December 21, 2007):<\/p>\n

With one possible exception, Buliga has not shown a reasonable expectation of privacy in any of the information that will be collected under the new rule. It is well established that there is no Fourth Amendment protection accorded information about the location and movement of cars on public thoroughfares. See United States v. Knotts<\/em>, 460 U.S. 276, 281-82 (1982) (use of a beeper to signal location and movements of automobile); Morton v. Nassau Cty. Police Dep’t<\/em>, No. 05 Civ. 4000, 2007 WL 4264569, at *3 (E.D.N.Y. Nov. 27, 2007) (GPS device in car) (collecting cases); Alexandre<\/em>, 2007 WL 2826952, at *9 (GPS system in taxicabs). Taxicabs in New York City have long been subject to regulation by the TLC, and those regulations have required cabdrivers to report not only the times and locations of trips but also the amount of fares. See 35 R.C.N.Y. \u00a7 2-28(a) (2003) (requiring drivers to report trip starting and ending times and locations and fare amounts, among other information).<\/p><\/blockquote>\n

After discussing the facts and contentions at length, defendant’s consent to search his apartment of three weeks and a suitcase inside was consensual. United States v. Porras-Quintero, 2007 U.S. Dist. LEXIS 94047 (S.D. N.Y. December 21, 2007).*<\/p>\n

Defendant had guest standing, but he loses on the merits of the search under a search warrant. United States v. Brooks, 2007 U.S. Dist. LEXIS 94173 (E.D. N.Y. December 21, 2007)*:<\/p>\n

After reviewing the record, it appears to this court that at the very least, defendant was an overnight guest at the premises searched, and therefore has standing to challenge the legality of the search and seizure. Minnesota v. Olson<\/em><\/a>, 495 U.S. 91, 96-97, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990) (overnight guests have a reasonable expectation of privacy in the home). Defendant has never disputed that the clothing seized, and now lost, was his. The presence of that clothing at the house when it was searched indicates his status, at a minimum as an overnight house guest, if not a resident, and this court therefore finds that he has standing to challenge the legality of the search.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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