Category Archives: Reasonable expectation of privacy

E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

There is no reasonable expectation of privacy in Facebook posts, no matter who reads then, “friend” or not. He posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. … Continue reading

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Katz as Originalism

Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:

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CA7: Extended pole camera surveillance not 4A violation

Extended pole camera surveillance not a Fourth Amendment violation. United States v. Tuggle, 2021 U.S. App. LEXIS 20841 (7th Cir. July 14, 2021). If you have a pole camera case, you need to read this. What follows is part of … Continue reading

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D.Conn.: No REP in mental health condition communicated to social worker

There was no reasonable expectation of privacy in mental health information voluntarily provided to a social worker. It become a third party record. Stiggle v. Reichard, 2021 U.S. Dist. LEXIS 128977 (D. Conn. July 12, 2021). “[T]here is no case … Continue reading

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CA4: No REP in FedEx packages with drugs sent to a dead man as a cover

Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading

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CA9: Limited compelled information about rentals in City of LA not subject to REP

“Plaintiffs’ Fourth Amendment theories are without merit. The information sought by the Ordinance’s annual reporting requirement-including a given unit’s address, monthly rent, and other details routinely found in a ‘for-rent’ advertisement–does not give rise to a reasonable expectation of privacy. … Continue reading

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CA9: Massage parlor “closely regulated business” under CA law

A massage parlor is a closely regulated business under New York v. Burger, and it has been for 40 years. The operators thus had no reasonable expectation of privacy against inspections. Killgore v. City of S. El Monte, 2021 U.S. … Continue reading

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CA3: No REP in sent text messages

“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading

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S.D.N.Y.: No REP in a civil deposition under protective order obtained by SW

Defendant had no reasonable expectation of privacy or due process right in a civil deposition subject to a protective order obtained by search warrant from the law firm. Her argument that she would have taken the Fifth if she thought … Continue reading

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Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP

Defendant’s cameras on their own property, including a Nest camera, that was intended to record plaintiffs’ loud parties did not invade their reasonable expectation of privacy, even if the Nest camera enhanced sound. Mezger v. Bick, 2021 Cal. App. LEXIS … Continue reading

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N.D.Iowa: There is a REP in a wheelchair as an “effect”

Defendant had a reasonable expectation of privacy in his wheelchair where he’d hidden a gun. The automobile exception doesn’t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the … Continue reading

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TX: Once hotel moves to evict a renter, any REP in the room ceases

“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ … Continue reading

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MT: No REP in text message sent to a LEO

There is no reasonable expectation of privacy in text messages defendant sent to an undercover federal officer posing as a prostitute, despite Montana’s enhanced right of privacy under its state constitution. State v. Staker, 2021 MT 151, 2021 Mont. LEXIS … Continue reading

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E.D.Ark.: No 4A REP in trash container at the street for pickup

Based on the undisputed facts (such that a hearing isn’t required), defendant’s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. “Here, Officer … Continue reading

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IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”

Finding Iowa law long recognized trespass was an unreasonable entry, the state Supreme Court holds under the state constitution that trash out for collection by the trash collector is not abandoned property, and defendant still retained a reasonable expectation of … Continue reading

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BBC: ANOM: Hundreds arrested in massive global crime sting using messaging app

BBC: ANOM: Hundreds arrested in massive global crime sting using messaging app (“More than 800 suspected criminals have been arrested worldwide after being tricked into using an FBI-run encrypted messaging app, officials say. [¶] The operation, jointly conceived by Australia … Continue reading

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E.D.Mo.: Sexual assault allegation by school official states 4A claim

Allegation of a sexual assault by a school official states a Fourth Amendment claim. Hermann v. Kirkwood R-7 Sch. Dist., 2021 U.S. Dist. LEXIS 102574 (E.D. Mo. June 1, 2021). Officers with a search warrant for electronic devices could look … Continue reading

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MA: No REP in a sent text message

There is no reasonable expectation of privacy in a text message sent to another cell phone. Commonwealth v. Delgado-Rivera, 2021 Mass. LEXIS 341 (June 1, 2021):

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D.Md.: State’s DoIT owns and controls state computers and can enter computers and offices for access; no REP in state computer

The State of Maryland’s Department of Information Technology owns and controls the computers on its network and has the authority to enter offices to enter computers. Here, child pornography was found. Defendant had no reasonable expectation of privacy in the … Continue reading

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CA7: FBI’s enlisting govt employee to take records from another’s office was unreasonable search

A government employee, like a private employee, has a reasonable expectation of privacy in his or her office. A co-worker at the insistence of the FBI gathered evidence from defendant’s office and violated the Fourth Amendment. But for these illegal … Continue reading

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