Category Archives: Reasonable expectation of privacy

USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’

USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’ by Claire Thornton:

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E.D.Cal.: Def had standing in car he was driving with permission of owner

As the driver of the car and the person with lawful possession, defendant had standing to challenge the search of the car he didn’t own. The GPS warrant for it was based on probable cause, and the warrant for firearms … Continue reading

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D.Mass.: No REP in video surveillance in an apartment building hallway that covered def’s door

“Defendants may have held a subjective expectation that activity in and around the doorway of the apartment would remain private but such an expectation was not objectively reasonable because their activity took place in a common area exposed to the … Continue reading

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D.Ariz.: No REP in CP; AOL did a private search sending to NCMEC

AOL reported potential child porn to NCMEC, and that was within its terms of service. That was a private search. Moreover, “[t]his Court concludes that society has decided the interest in ‘privately’ possessing child pornography is illegitimate. Opening the image … Continue reading

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NY2: SW papers provided to GJ aren’t discoverable because of GJ secrecy

Defendant sought search warrant materials presented to the grand jury. Denied because of grand jury secrecy. Sculti v. Finley, 2022 NY Slip Op 06950, 2022 N.Y. App. Div. LEXIS 6820 (2d Dept. Dec. 7, 2022). Defendant had no standing in … Continue reading

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E.D.Mich.: Parole search can occur when parolee not home

Defendant was on state parole living with his girlfriend, also a defendant. They were out and her mother was their babysitter in the home. Parole came by for a compliance check. The mother let them in. First, the search was … Continue reading

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MS: Using ladder to look over wall in rented storage unit wasn’t a “search” and did not violate any REP

Officers used a ladder to look over a ceilingless wall in a storage building into defendant’s leased unit. The observation led to a search warrant. Defendant had no reasonable expectation of privacy from that look because anyone there could do … Continue reading

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W.D.N.C.: Def did not abandon backpack by hiding it nearby in bushes; he retained control

Defendant was at a McDonald’s with friends outside a car. When he saw the police, he put his backpack in the bushes to hide it while remaining nearby. He also went back to it to push it deeper into the … Continue reading

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IL: No REP in bloody clothes in trauma room at hospital

Defendant had no reasonable expectation of privacy in a trauma room he was in about 15 minutes before the police arrived. His bloody clothes were in plain view. People v. Turner, 2022 IL App (5th) 190329, 2022 Ill. App. LEXIS … Continue reading

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D.Md.: Using def’s key fob to find his car did not violate a REP

Using defendant’s key fob on the key removed from him in a search incident did not violate any reasonable expectation of privacy and was reasonable. United States v. Gardner, 2022 U.S. Dist. LEXIS 196575 (D. Md. Oct. 27, 2022):

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CA9: Chalking tires not a 4A violation

Disagreeing with the Sixth Circuit, the Ninth holds that chalking tires does not violate the Fourth Amendment. It was going on for nearly a century before anyone challenged it. Verdun v. City of San Diego, 2022 U.S. App. LEXIS 29803 … Continue reading

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D.Neb.: Eviction of unruly hotel guest is loss of REP in room as soon as decision is made, even without statute authorizing it

Eviction of an unruly guest from a motel or hotel results in a loss of the renter’s reasonable expectation of privacy even if there is no statute governing it. Thus, the proprietor can hand over the keys to the police … Continue reading

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CA4: Bank robbery def abandoned the getaway car and his cell phone in it

“[T]he district court did not clearly err by finding that Pridgen abandoned the getaway vehicle and his cell phone, and, thus, the court did not err by finding that he lacked a reasonable expectation of privacy in those items when … Continue reading

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D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

The government flew a helicopter over defendant’s property to photograph a suspected marijuana grow. It could not provide testimony that the helicopter was flown at 1000′ or above in navigable air space. Defendant had a subjected expectation of privacy against … Continue reading

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CT: Action to quash SW before criminal case became moot when charge filed

The petitioner sought to quash search warrants when there was no criminal case. After the criminal cases were finally filed, this action was moot because the claim could be brought within the criminal cases. In re Police Case Nos.: Meriden … Continue reading

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W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

On the totality, there was probable cause for cell phone search warrants. One can attempt to explain away the pieces, but the totality shows it. A dog sniff in the breezeway of an apartment complex violated no reasonable expectation of … Continue reading

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N.D.Ohio: University exam proctor’s requirement of room scan before video test violates REP under 4A

The proctor of this university examination on video required a room scan to prove the student was alone. The room scan violated plaintiff’s reasonable expectation of privacy. CSU’s reliance on Wyman v. James is rejected. That case is 51 years … Continue reading

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S.D.W.Va.: Using an alias to rent a hotel room is not a waiver of a REP in it

The use of an alias to rent a hotel room doesn’t forfeit a reasonable expectation of privacy in it. The warrantless entry here was unreasonable. United States v. Henning, 2022 U.S. Dist. LEXIS 147239 (S.D. W. Va. Aug. 17, 2022). … Continue reading

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OR: No REP in medical records that include BAC results

There is no reasonable expectation of privacy in medical records including the results of defendant’s BAC test. State v. Hoffman, 321 Or. App. 330 (Aug. 10, 2022):

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D.C.Cir.: FAA drone registration requirement violates no REP

The FAA rule requiring all drones when flying to transmit information about themselves violates no reasonable expectation of privacy. They operate in public airspace, which the federal government controls, and the rule requires a digital license plate but only electronically … Continue reading

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