Category Archives: Reasonable expectation of privacy

WI: Social media TOS agreements show no REP in CP

The Terms of Service agreements of social media platforms state that they are required by law to report child pornography. Therefore, there is no reasonable expectation of privacy in one’s files that are child pornography. State v. Gasper, 2024 Wisc. … Continue reading

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E.D.Va.: Reporting requirements of Corporate Transparency Act don’t violate 4A under California Bankers

Plaintiffs challenge the Corporate Transparency Act on several grounds. As to their claim the reporting requirement violates the Fourth Amendment, there is no likelihood of success on the merits under California Bankers decided 50 years ago. Community Ass’ns Inst. v. … Continue reading

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OR: Def’s wife implicitly consented to the search by her actions

The record supported the finding that defendant’s wife consented to the search. Her behavior, including standing in the open doorway and not protesting the officer’s entry, indicated implied consent. In addition, the court found that he did not expressly deny … Continue reading

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E.D.Va.: Three images from ALPR in 30 days wasn’t enough for a Carpenter violation

Police checking the database of Flock’s ALPR for defendant’s license plate revealed only three images in 30 days. The court is not inclined to hold that the mere potential of a Carpenter violation makes one. What happens hereafter might. United … Continue reading

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OH: Even when the driver isn’t the owner with a suspended DL, it’s not unreasonable to ask for his DL

The stop was because the vehicle owner had an expired DL. When the officer discovers the driver is not the owner, the officer does not act unreasonably in asking for the driver’s DL. State v. Dunlap, 2024-Ohio-4821, 2024 Ohio LEXIS … Continue reading

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D.P.R.: REP in workplace isn’t automatic; here there wasn’t any in a postal sorting area

A reasonable expectation of privacy in one’s workspace is not automatic. Here it was a postal worker in a sorting area, and that wasn’t private. United States v. Alarcón-Rodríguez, 2024 U.S. Dist. LEXIS 175916 (D.P.R. Sep. 25, 2024).* “Because a … Continue reading

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Security Boulevard: Virginia Court Strikes Down Automated License Plate Readers (ALPRs)

A trial court, so not binding: Security Boulevard: An Unexamined Life – Virginia Court Strikes Down Automated License Plate Readers (ALPRs) by Mark Rasch

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D.Or.: The reporting requirements of the Corporate Transparency Act of 2021 do not violate the 4A or 5A

The reporting requirements of the Corporate Transparency Act of 2021 31 U.S.C. § 5336 do not violate the Fourth or Fifth Amendment under California Bankers Assn. v. Shutlz. Firestone v. Yellen, 2024 U.S. Dist. LEXIS 170085 (D. Or. Sep. 20, … Continue reading

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IL: No REP in ER trauma room

There is no reasonable expectation of privacy in a hospital ER trauma room, even though there is under state precedent in a single bedroom. People v. Turner, 2024 IL 129208, 2024 Ill. LEXIS 469 (Sept. 19, 2024). Defendant argued that … Continue reading

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D.Conn.: LEO accessing public social media accounts doesn’t implicate 4A

A prison security official’s accessing a potential visitor’s social media accounts to determine whether the visitor is some kind of security threat doesn’t violate the Fourth Amendment. Lawrence v. Zack, 2024 U.S. Dist. LEXIS 161377 (D. Conn. Sep. 9, 2024). … Continue reading

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EFF: You Really Do Have Some Expectation of Privacy in Public

EFF: You Really Do Have Some Expectation of Privacy in Public by Matthew Guariglia & Lisa Femia:

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CA7: SW affiant doesn’t have to explore all of def’s possible defenses in affidavit

When the affiant officer establishes probable cause for a search warrant, he or she isn’t required to explore all the defenses or affirmative defenses the search target may have to put in the affidavit. Here, this arose in the context … Continue reading

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PA: No REP against use of a light transmittance meter for window tint

There is no reasonable expectation of privacy that an officer’s can’t use a light transmittance meter on window tint that is plainly visible. “Nonetheless, application of the window tint meter here was not unreasonable in light of the authority granted … Continue reading

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CA6: No special REP in crypto in FinCEN 8300 reporting

There is no special reasonable expectation of privacy under the Fourth Amendment to bar the IRS/FinCEN Form 8300 reporting requirement. Carman v. Yellen, 2024 U.S. App. LEXIS 20033 (6th Cir. Aug. 9, 2024). Four of petitioner’s 2255 claims involved a … Continue reading

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IL: Invited guest in home can refuse contact with police at door without violating law

As an invited guest into the home, defendant had a reasonable expectation of privacy and right to refuse contact with the police at the door without violating the law. People v. Jones, 2024 IL App (1st) 221555, 2024 Ill. App. … Continue reading

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CA7: Franks does not apply to emergency cell phone pings

During the George Floyd murder unrest, defendant told an acquaintance he was traveling to Wisconsin with a machine gun to kill and loot. The acquaintance told law enforcement. They obtained ping information based on exigency, which was valid. Also, Franks … Continue reading

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D.Mass.: No discovery of covert Shapchat accounts for lack of materiality

Officers set up covert Snapchat accounts to communicate with defendant. He’s not entitled to discovery about that for Brady or Franks purposes because he can’t show materiality. United States v. Stroup, 2024 U.S. Dist. LEXIS 132483 (D. Mass. July 26, … Continue reading

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PIX11: NYC implements gun-detecting technology in subway

PIX11: NYC implements gun-detecting technology in subway by Finn Hoogensen:

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Axios: A police drone might respond to your next 911

Axios: A police drone might respond to your next 911 by Joann Muller & Jessica Boehm(“A new generation of crime-fighting drones is about to take flight, starting in Arizona. Why it matters: Drones are the ultimate first responder. They can … Continue reading

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E.D.La.: Fire dept. can compel fingerprinting of its firefighters

A fire department can compel production of fingerprints for timekeeping purposes from its firefighters under threat of termination. There is no reasonable expectation of privacy in fingerprints. Perre v. E. Bank Consol. Special Serv. Fire Prot., 2024 U.S. Dist. LEXIS … Continue reading

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