Category Archives: Reasonable expectation of privacy

CA7: Possibility an interloper put drug residue in trash out for collection doesn’t negate PC or what it might prove

The fact it’s possible that someone else could have dropped drug residue in defendant’s trash container at the street doesn’t negate probable cause. [It also shows the lack of a reasonable expectation of privacy in trash containers at the street.] … Continue reading

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CA9: Saying you just found the backpack you’re carrying in a dumpster shows no REP

“First, the court did not clearly err in finding that Gage had abandoned any reasonable expectation of privacy in the backpack by telling Officer Robinson that the group had just retrieved the backpack from a garbage dump and that he … Continue reading

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W.D.Tex.Bankr.: 4A does not extend to civil discovery requests

Posts to a “secret” Facebook group weren’t protected by any reasonable privacy interest in civil litigation. Social media isn’t protected by any privacy interest. “Defendant does not cite, and the Court could not find, any case that extends the Fourth … Continue reading

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FL2: Private pole camera was potentially the tort of “intrusion on seclusion”

In a fence line dispute, defendants’ posting a 25’ high pole camera watching plaintiff’s property stated a claim for intrusion on seclusion. Jackman v. Cebrink-Swartz, 2021 Fla. App. LEXIS 4321 (Fla. 2d DCA Mar. 26, 2021). So how will this … Continue reading

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PA: Babysitter had no REP she wouldn’t be recorded on nanny cam

An audio recording on a nanny cam evidencing an assault on the children should not have been suppressed. The babysitter had no reasonable expectation of privacy in the home of the children she was “caring” for. “That is to say … Continue reading

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C.D.Cal.: The ledge outside an apartment window is not part of the curtilage

Defendant’s apartment had a box placed out on the ledge below a window visible to passersby. This was not part of the curtilage because it was visible and accessible to others. (Moreover, officers got a search warrant for it. ) … Continue reading

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CA6: SW was particular because particular affidavit was incorporated

The search warrant here was particular because it incorporated the affidavit by reference, and they were attached. United States v. Evans Landscaping Inc., 2021 U.S. App. LEXIS 8152 (6th Cir. Mar. 18, 2021). Defendant has no reasonable expectation of privacy … Continue reading

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MI: City’s use of drone photos in zoning dispute violated homeowner’s REP

The township’s use of a drone to fly over defendant’s property to take pictures for a zoning dispute violated their reasonable expectation of privacy. The state legislature said that they have one from drone usage. Long Lake Twp. v. Maxon, … Continue reading

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OH5: Def didn’t abandon cell phone but it was still reasonable for officer to turn it on to see if he could ID owner

Defendant did not abandon his cell phone by leaving it charging in a vehicle (actually, it had fallen out but the charging cable was attached) where he was away from it. However, the officer reasonably could turn on the phone … Continue reading

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M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

Assuming defendant’s tent in an “open field” area had a reasonable expectation of privacy (as the Ninth Circuit would hold), the tent was open and the officer could see in. There was no curtilage to the tent in an open … Continue reading

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MA: No REP in unlocked basement of apt building

After a police foot chase, officers entered an unlocked basement of an apartment building and found a firearm that looked like one they were looking for. Defendant can’t show a reasonable expectation of privacy in the basement because everybody in … Continue reading

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OH12: State’s “reasonable mistake of fact” justification for stop has to be raised in trial court first

The state didn’t rely on a “reasonable mistake of fact” justification for the stop in the trial court, so it can’t for appeal. State v. Turner, 2021-Ohio-541, 2021 Ohio App. LEXIS 564 (12th Dist. Mar. 1, 2021). Defendant had some … Continue reading

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IL: Gunshot victim has REP in his clothes from search in ER

Despite being a gunshot victim and gunshot injuries being reported to police, defendant had a reasonable expectation of privacy in the emergency room from officers coming in to search his pants pockets. People v. Pearson, 2021 IL App (2d) 190833, … Continue reading

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LA1: Probationer wearing GPS ankle monitor has no REP in information about his movements

A probationer wearing a GPS ankle monitor has no reasonable expectation of privacy in the information that linked him to an armed robbery while he was on probation. State in the interest of T.B., 2021 La. App. LEXIS 188 (La. … Continue reading

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D.N.H.: Police working forced security in a bar open area aren’t violating 4A

Plaintiffs run a bar, and they complain they were required to have police on duty and in the premises on certain nights. Without an allegation that the officers entered any part of the business that is private [such as an … Continue reading

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D.Mass.: No REP in an apt wrongfully entered by def

Defendant had no objective reasonable expectation of privacy in an apartment he wrongfully entered and assaulted the occupant. A black case he kept there had a subjective expectation of privacy but not an objective one. United States v. John, 2021 … Continue reading

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E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

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CA3: No REP in cell phone subscriber records

There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading

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GA: LPN at nursing home had no REP in patient’s room from video recording

A rehabilitation center resident’s son put a video camera in his father’s room because of the father’s concern that “strange things” were happening there at night. The resident wanted his son to stay there but he couldn’t because of his … Continue reading

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M.D.Fla.: Storage unit rental agreement consented to landlord entry

The rental agreement for defendant’s storage unit itself showed there was no reasonable expectation of privacy in the unit if the landlord suspected unlawful or unsafe use. Here, there was a dog sniff outside the door. “Because Defendant consented to … Continue reading

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