Category Archives: Reasonable expectation of privacy

IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

The ping of defendant’s cell phone to find him when a 13-year-old girl went missing was based on exigency under state statute. Brooks v. State, 2025 Ind. App. LEXIS 19 (Jan. 31, 2025). All the factors supported reasonable suspicion: CI … Continue reading

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N.D.Ohio: Alleged mishandling of drugs during execution of SW didn’t make them inadmissible

Even if the officers (mis)handled the drugs during the search, they’d still come into evidence at trial. United States v. McDonald, 2025 U.S. Dist. LEXIS 11844 (N.D. Ohio Jan. 22, 2025). The trial court suppressed this cell phone search as … Continue reading

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MA: Community caretaking transport of juvenile permits patdown for safety

A patdown of a juvenile found with gang members being taken to his caregiver was reasonable for safety purposes under the community caretaking function. Commonwealth v. Demos D., 105 Mass. App. Ct. 193 (Jan. 17, 2025). Reasonable suspicion not required … Continue reading

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W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP

Hidden bodycams used to record conversations in unmarked police cars between officers violated a reasonable expectation of privacy and likely Title III. Baker v. City of Pittsburgh, 2025 U.S. Dist. LEXIS 2157 (W.D. Pa. Jan. 6, 2025). The search of … Continue reading

Posted in Arrest or entry on arrest, Body cameras, Consent, Probable cause, Reasonable expectation of privacy, Surveillance technology | Comments Off on W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP

KY: No BAC SW without death or physical injury by statute

The DUI BAC statute requires that a search warrant for blood alcohol can only be issued if there was a death or physical injury involved, and this court has previously upheld that limitation. Here, there was no death or physical … Continue reading

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IA: No REP in ER room from police entry for observations and questions

Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy … Continue reading

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CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim

“And if Derringer intended to argue that counsel should have moved to suppress the cell phone videos, he did not identify any basis for challenging the validity of the search warrant that resulted in the seizure of the cell phone … Continue reading

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E.D.Mo.: It was settled over 50 years ago that an officer could surreptitiously record a face-to-face conversation

“Bolden’s entire focus is on recordings between himself and an undercover federal agent who was outfitted with a covert recording device. The government is correct-Bolden’s argument is foreclosed by long-standing caselaw.” As in 1971. United States v. Bolden, 2024 U.S. … Continue reading

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W.D.La.: Dog sniff at door of commercial rented storage unit violated no REP

A dog sniff at the door to a rented commercial storage unit violated no reasonable expectation of privacy. United States v. Harris, 2024 U.S. Dist. LEXIS 224506 (W.D. La. Nov. 4, 2024). There’s no reasonable expectation of privacy in one’s … Continue reading

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S.D.N.Y.: No stay of execution of a computer and cell phone SW after def was indicted

Defendant was arrested in Malaysia and a computer and cell phones were seized. He was then indicted in NYC. The nine-day delay in getting a warrant was not unreasonable considering defendant was in custody and unable to use them. A … Continue reading

Posted in Computer and cloud searches, Franks doctrine, Reasonable expectation of privacy, Search incident, Warrant execution | Comments Off on S.D.N.Y.: No stay of execution of a computer and cell phone SW after def was indicted

VI: GPS monitoring for pretrial release can be reasonable; here it was consented to as well

The VI code and rules of criminal procedure provide for electronic monitoring as a condition of pretrial release. GPS tracking is a search and involves a person’s reasonable expectation of privacy and would be reasonable if justified. Here it was … Continue reading

Posted in Franks doctrine, GPS / Tracking Data, Probation / Parole search, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on VI: GPS monitoring for pretrial release can be reasonable; here it was consented to as well

W.D.Mich.: State law violation in search irrelevant in federal prosecution

Defense counsel can’t be ineffective for not arguing that state law was violated by the search in his federal case. Clark v. United States, 2024 U.S. Dist. LEXIS 219107 (W.D. Mich. Dec. 4, 2024).* Defense counsel could not be ineffective … Continue reading

Posted in Conflict of laws, Franks doctrine, Ineffective assistance, Reasonable expectation of privacy, Reasonableness | Comments Off on W.D.Mich.: State law violation in search irrelevant in federal prosecution

E.D.Tex.: Corporate Transparency Act enjoined, but 4A claim as yet unresolved

On the balance of equities, the Eastern District of Texas enjoins the Corporate Transparency Act going into effect January 1, 2025. “[T]he CTA requires a vast array of companies to disclose otherwise private stakeholder information to FinCEN. See 31 U.S.C. … Continue reading

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ID: City ordinance on trash collection did not create a REP in trash from police taking it

City ordinance on trash collection did not create a reasonable expectation of privacy in trash from police taking it for investigative purposes. State v. Pulizzi, 2024 Ida. LEXIS 132 (Nov. 29, 2024). The probation officer had a wealth of reasonable … Continue reading

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W.D.Pa.: Protective sweep of house was reasonable despite def’s arrest outside

The officers had knowledge defendant had confederates in his drug operation. While he was arrested outside his house, a protective sweep inside was still shown to be reasonable. United States v. Pope, 2024 U.S. Dist. LEXIS 209740 (W.D. Pa. Nov. … Continue reading

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W.D.Mo.: Judge actually participating in seizure denied absolute immunity

A state judge is denied absolute immunity for allegedly participating in a seizure in the courthouse rather than just ordering it. Rockett ex rel. His Minor Children v. Eighmy, 2024 U.S. Dist. LEXIS 205918 (W.D. Mo. Nov. 13, 2024). A … Continue reading

Posted in Probation / Parole search, Qualified immunity, Reasonable expectation of privacy | Comments Off on W.D.Mo.: Judge actually participating in seizure denied absolute immunity

N.D.Cal.: No REP against police squeezing a package in transit in the mail

Squeezing a mail package in transit isn’t the same as a suitcase near at hand (Jones), and there was no reasonable expectation of privacy. Quinonez v. United States, 2024 U.S. Dist. LEXIS 204220 (N.D. Cal. Nov. 8, 2024). A blanket … Continue reading

Posted in Anticipatory warrant, Mail and packages, Privileges, Reasonable expectation of privacy | Comments Off on N.D.Cal.: No REP against police squeezing a package in transit in the mail

FL3: There is a lower expectation of privacy in a boat than in a car; stop for license, registration, and safety inspection was reasonable

“The [Florida Fish and Wildlife Commission officers] had authority to stop the boat to inspect licenses, registration, and safety equipment. State v. Casal, 410 So. 2d 152, 155 (Fla. 1982) (‘In sum we find that the state’s interest in random … Continue reading

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IN: Search of passenger’s bag in car before handing it over so he could leave was reasonable when there was PC as to the car

After a traffic stop of a rental vehicle produced a marijuana smell, the driver and passenger were detained. The passenger was shortly let go and asked for his bag from the car. The officer’s search of the bag before handing … Continue reading

Posted in Automobile exception, Good faith exception, Probable cause, Protective sweep, Reasonable expectation of privacy | Comments Off on IN: Search of passenger’s bag in car before handing it over so he could leave was reasonable when there was PC as to the car

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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