In a child porn case, defendant can\u2019t show a reasonable expectation of privacy in images in his social media account. \u201cFor example, Defendant has not attested as to how he used the social media accounts, what if any privacy settings he employed on the ESPs, whether he read and understood the Terms of Service and Community Standards, and whether or not he believed his communications were public, private, or subject to monitoring. Thus, there is no factual basis to conclude that he had a subjective expectation of privacy.\u201d \u201cSecond, the Court finds that Defendant has failed to show that he had a reasonable expectation of privacy in the images and videos at issue. While Defendant asserts that his expectation of privacy was reasonable, he has not provided any supporting evidence to suggest that society would agree.\u201d United States v. Tennant, 2023 U.S. Dist. LEXIS 192180 (N.D.N.Y. Oct. 10, 2023).<\/p>\n\n\n\n
\u201cNot\u201d in the search warrant application was asserted to be a typo for \u201cnow\u201d in a Franks challenge. That dispute doesn\u2019t have to be resolved because there\u2019s probable cause on the remainder. United States v. Cunha, 2023 U.S. App. LEXIS 28471 (9th Cir. Oct. 26, 2023).*<\/p>\n\n\n\n
Defendant\u2019s guilty plea waived his Fourth Amendment claim. (And his excessive bail claim.) State v. Perry, 2023-Ohio-3883 (8th Dist. Oct. 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
In a child porn case, defendant can\u2019t show a reasonable expectation of privacy in images in his social media account. \u201cFor example, Defendant has not attested as to how he used the social media accounts, what if any privacy settings … Continue reading