Category Archives: Reasonable expectation of privacy

Automated License Plate Reader (ALPR) litigation

From today’s webinar by NACDL’s Fourth Amendment Center. Summary of materials here. The video will be posted on nacdl.org later.

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CA9: No IAC for not filing a motion to suppress email attachments captured by email provider under ToS

Defense counsel wasn’t ineffective for not filing a motion to suppress because it was reasonable to conclude defendant had no reasonable expectation of privacy in email attachments with the email provider where the terms of service also said there was … Continue reading

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CA11: There was PC to take def’s picture in public; seizure question moot

Regardless of whether defendant was seized, there was probable case to encounter him and take his picture in a public place. United States v. Daniels, 2024 U.S. App. LEXIS 7522 (11th Cir. Mar. 29, 2024). Defendant wasn’t seized when he … Continue reading

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MN: No REP in trash out for collection even if local ordinance prohibits people from going through trash

“A police search of garbage set out for collection does not violate the Fourth Amendment to the United States Constitution or article I, section 10 of the Minnesota Constitution even if a local municipal ordinance prohibits the inspection or removal … Continue reading

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E.D.Mo.: Strip search of civilly committed patient refusing pat search was reasonable and with QI

Plaintiff was strip searched when civilly committed when she refused to permit a pat search. “Considering all the circumstances described in Plaintiff’s Complaint, the search Plaintiff underwent, though surely unpleasant, was not unreasonable. “But even if the Court concluded the … Continue reading

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W.D.Tex.: No REP in tent where def was trespassing

Where defendant was staying in a tent on TXDOT property with no trespassing signs, he had no reasonable expectation of privacy when an officer opened the tent flap and saw marijuana and a gun. He was a felon in possession. … Continue reading

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E.D.Wis.: Ptfs state claim that City of Green Bay’s installation of listening devices in public hallways likely violates the 4A

The City of Green Bay installed listening devices in public hallways of City Hall to monitor all conversations there for security purposes. When they found out, plaintiffs sued claiming a reasonable expectation of privacy in conversations conducted in such a … Continue reading

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WV: Police looking at the exterior of defendant’s car was not a search and violated no REP

Police looking at the exterior of defendant’s car was not a search and violated no reasonable expectation of privacy. State v. Estep, 2024 W. Va. LEXIS 92 (Feb. 20, 2024).* The trial court granted a Franks motion, but the state … Continue reading

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E.D.N.C.: Shed on curtilage shown on Google satellite image attached to affidavit was properly searched although not specified in SW

A shed by the house was properly searched under a warrant for the house. “As a general rule, a supporting affidavit or document may be read together with (and considered a part of) a warrant that otherwise lacks sufficient particularity … Continue reading

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DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant … Continue reading

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W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

Boilerplate information in the affidavit for warrant doesn’t matter as long as the critical facts show probable cause, and here they did. There were five facts supporting probable cause. United States v. Morton, 2024 U.S. Dist. LEXIS 7580 (W.D. Ky. … Continue reading

Posted in Burden of proof, Neutral and detached magistrate, Reasonable expectation of privacy, Warrant papers | Comments Off on W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

MS: No REP against CI recording you in your own house during drug deal

911 was called about a man passed out in his pickup truck in his driveway at the street.There was no reasonable expectation of privacy against letting in a wired CI under Hoffa. Douglas v. State, 2024 Miss. LEXIS 24 (Jan. … Continue reading

Posted in Consent, Good faith exception, Informant hearsay, Plain view, feel, smell, Probable cause, Reasonable expectation of privacy | Comments Off on MS: No REP against CI recording you in your own house during drug deal

Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

Defendant was transported to the hospital after a vehicle accident. The officer was attempting to talk to him. Defendant was lethargic and had a hard time answering questions. About 45 minutes into the hospital stay, he passed out. Blood was … Continue reading

Posted in Body searches, Consent, Drug or alcohol testing, Reasonable expectation of privacy, State constitution | Comments Off on Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

NY4: No standing in search of a common basement storage area “not associated with his apartment”

Defendant showed no standing to contest a search of a common basement storage area, “not associated with his apartment.” People v. Ocasio, 2023 NY Slip Op 06623, 2023 N.Y. App. Div. LEXIS 6727 (4th Dept. Dec. 22, 2023). Even if … Continue reading

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D.P.R.: No REP of corporate officers in medical records in health care fraud case

Records were taken by a corporate whistleblower on a flash drive from a Puerto Rican health care provider. That led to a 122-count indictment for health care fraud. A motion to suppress was filed over the records. Defendants were corporate … Continue reading

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OH8: State showed need for evidence for further investigation after indictment dismissed without prejudice so no return

Evidence was seized, including a cell phone, and defendant was charged with a violent crime. As the case progressed to trial, the state moved to dismiss without prejudice so it could investigate further. Defendant sought return of the evidence. On … Continue reading

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W.D.N.C.: No REP against being tracked by bait bill tracker from bank robbery

There is no reasonable expectation of privacy to not be tracked by a device planted in bait bills taken in a bank robbery. United States v. Day, 2023 U.S. Dist. LEXIS 226779 (W.D. N.C. Nov. 6, 2023), adopted 2023 U.S. … Continue reading

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GA: A court order for medical records by statute requires PC

There is a statutory privacy interest in one’s medical records, and an “appropriate court order” is required for the government to access them in a criminal case. An ex parte order not shown to be based on probable cause is … Continue reading

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CA7: Surveillance cameras covering courthouse lockup toilets are reasonable

The use of surveillance cameras viewing the toilet areas of the Cook County Courthouse lockups are, on balance of the interests involved, reasonable. Alicea v. Cty. of Cook, 2023 U.S. App. LEXIS 33401 (7th Cir. Dec. 18, 2023):

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D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it

Just because Greyhound cooperates with the DEA in Albuquerque doesn’t mean it can be sued there under the Fourth Amendment. Fernandez v. Greyhound Lines, Inc., 2023 U.S. Dist. LEXIS 211564 (D.N.M. Nov. 28, 2023). Homeless in Los Angeles likely had … Continue reading

Posted in § 1983 / Bivens, Good faith exception, Probable cause, Reasonable expectation of privacy, Search incident | Comments Off on D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it