Category Archives: Social media warrants

N.D.Ill.: Losing search issue in state court collaterally estops civil § 1983 case over same search

Collateral estoppel bars plaintiff’s suit against officers who arrested and searched him. He lost on the same search issue in state court, and that’s order is final. Bertaux v. Aurora Police Dep’t, 2022 U.S. Dist. LEXIS 11260 (N.D.Ill. Jan. 21, … Continue reading →

Posted in Issue preclusion, Social media warrants | Comments Off on N.D.Ill.: Losing search issue in state court collaterally estops civil § 1983 case over same search

M.D.Fla.: Facebook capturing CP was private search; its ToS show no REP

Facebook’s passing on suspected child pornography on its platform is a private search. Moreover, Facebook’s terms of service show a lack of a reasonable expectation of privacy for child porn. United States v. Montijo, 2022 U.S. Dist. LEXIS 4577 (M.D.Fla. … Continue reading →

Posted in Private search, Reasonable expectation of privacy, Social media warrants | Comments Off on M.D.Fla.: Facebook capturing CP was private search; its ToS show no REP

DE: Officer’s use of fictitious “friend” account didn’t violate REP in Facebook account

The officer violated no reasonable expectation of privacy of defendant by creating a fictitious Facebook account and then getting “friended” by defendant. Then on defendant’s Facebook account, the officer saw that defendant parolee had firearms. That led to a valid … Continue reading →

Posted in Issue preclusion, Social media warrants | Comments Off on DE: Officer’s use of fictitious “friend” account didn’t violate REP in Facebook account

D.Minn.: Nexus shown for Facebook account SW

“[T]he totality of the circumstances described in the search warrant affidavit establishes the requisite nexus between Kyle Clark’s Facebook account and evidence of suspected drug-trafficking activities.” United States v. Clark, 2021 U.S. Dist. LEXIS 229926 (D.Minn. Dec. 1, 2021).* The … Continue reading →

Posted in Social media warrants, Warrant papers | Comments Off on D.Minn.: Nexus shown for Facebook account SW

Reason: “The Fourth Amendment Limits of Internet Content Preservation”

Reason: “The Fourth Amendment Limits of Internet Content Preservation” by Orin S. Kerr (“A strong Fourth Amendment claim that criminal defense lawyers should be making.”):

Posted in Computer and cloud searches, Social media warrants | Comments Off on Reason: “The Fourth Amendment Limits of Internet Content Preservation”

D.Vt.: Def has to show his REP in his Facebook account; what are the privacy settings?

Defendant didn’t show a reasonable expectation of privacy in his Facebook account by showing what he did to keep the account private. Even if he did, there was probable cause for the Facebook warrant. United States v. Whitcomb, 2021 U.S. … Continue reading →

Posted in Consent, Social media warrants | Comments Off on D.Vt.: Def has to show his REP in his Facebook account; what are the privacy settings?

The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare

The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare (“The Bureau of Prisons has piloted a program that can give authorities ‘huge secret intelligence into the public sender of postal mail.’”) Politico: Covert Postal Service unit probed … Continue reading →

Posted in Mail and packages, Prison and jail searches, Social media warrants | Comments Off on The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare

E.D.Mich.: No REP in Instagram postings, private or public

There was no reasonable expectation of privacy in defendant’s Instragram account postings and communications whether it was set private or not. United States v. Dixson, 2021 U.S. Dist. LEXIS 178371 (E.D.Mich. Sept. 20, 2021):

Posted in Reasonable expectation of privacy, Social media warrants | Comments Off on E.D.Mich.: No REP in Instagram postings, private or public

D.Minn.: Particularity in social media SWs is still evolving, and reliance on SW here was reasonable

Here, a Facebook warrant that allegedly lacked particularity was still close enough for the good faith exception. The law of particularity in social media warrants is still evolving, and it was reasonable for the officer to rely on the issuing … Continue reading →

Posted in Particularity, Social media warrants | Comments Off on D.Minn.: Particularity in social media SWs is still evolving, and reliance on SW here was reasonable

N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation

The government made an “Application request[ing] an order compelling Sabre, a travel technology firm, ‘to provide representatives of the FBI complete and contemporaneous ‘real time’ account activity’ for an individual subject to an arrest warrant—what the government refers to as … Continue reading →

Posted in Automobile exception, Cell phones, Reasonable suspicion, Reasonableness, Search, Social media warrants | Comments Off on N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation

D.D.C.: One has to assert standing to challenge a Facebook warrant

The target does not assert standing to challenge the search warrant for this Facebook account, which he must. In re Information Associated with One Account Stored at Premises Controlled by Facebook, 2021 U.S. Dist. LEXIS 120036 (D.D.C. June 4, 2021). … Continue reading →

Posted in Probable cause, Social media warrants, Standing | Comments Off on D.D.C.: One has to assert standing to challenge a Facebook warrant

W.D.N.Y.: Failure to specify the crime under investigation in a Facebook SW wasn’t fatal to search

Failure to specify the crime under investigation in a Facebook warrant wasn’t fatal and did not require exclusion. United States v. Vogelbacher, 2021 U.S. Dist. LEXIS 49359 (W.D.N.Y. Feb. 1, 2021), adopted 2021 U.S. Dist. LEXIS 48228 (W.D.N.Y. Mar. 15, … Continue reading →

Posted in Particularity, Social media warrants | Comments Off on W.D.N.Y.: Failure to specify the crime under investigation in a Facebook SW wasn’t fatal to search

Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

The defense sought murder victims’ social media account content, and the trial court refused to quash a subpoena which was challenged under the Stored Communications Act. The materials by statute would have to be produced in camera. As an alternative … Continue reading →

Posted in Probable cause, Social media warrants, Staleness, Subpoenas / Nat'l Security Letters | Comments Off on Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

E.D.Wis.: No REP child porn sent by Facebook Messenger won’t be retransmitted to police by Facebook

There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant … Continue reading →

Posted in Reasonable expectation of privacy, Reasonable suspicion, Social media warrants, Standards of review | Comments Off on E.D.Wis.: No REP child porn sent by Facebook Messenger won’t be retransmitted to police by Facebook

N.D.Iowa: Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations

Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations. United States v. Burkhow, 2020 U.S. Dist. LEXIS 20319 (N.D. Iowa Feb. 6, 2020):

Posted in Particularity, Social media warrants | Comments Off on N.D.Iowa: Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations

techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers

techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers by Tim Cushing:

Posted in Social media warrants | Comments Off on techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers

The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance

The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance by Alleen Brown & Alice Speri. After student protests to budget cuts at Puerto Rico’s university, seven were charged. Apparently Facebook search warrants were used:

Posted in Social media warrants | Comments Off on The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance

CA3: Consent to search car moots possible mistake of fact motion to suppress

Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).* Facebook’s … Continue reading →

Posted in Consent, Reasonableness, Social media warrants | Comments Off on CA3: Consent to search car moots possible mistake of fact motion to suppress

MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe … Continue reading →

Posted in Arrest or entry on arrest, Seizure, Social media warrants | Comments Off on MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools

Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools by Nicholas Iovino (“The FBI cannot hide whether it uses powerful surveillance tools to monitor the social-media activity of millions of Americans and noncitizens, a federal judge … Continue reading →

Posted in Social media warrants, Surveillance technology | Comments Off on Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools