Category Archives: Reasonable expectation of privacy

OH3: In flyover case, def carries burden of showing a “search” and violation of FAA rules

In a helicopter flyover case, defendant carried the burden of showing that the police conducted a “search” that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn’t here; remanded. State v. Jordan, … Continue reading

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S.D.N.Y.: No REP in car obtained by fraud

There is no reasonable expectation of privacy in a car obtained by identify theft. United States v. Ilori, 2022 U.S. Dist. LEXIS 104338 (S.D.N.Y. June 10, 2022):

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NY Bronx: REP in one’s apartment building mailbox

Defendant had a reasonable expectation of privacy in his mailbox in an apartment building from unreasonable searches. A search warrant was sought through the Bronx DA, but they were short staffed and recommended the officers get landlord consent. That was … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Good faith exception, Ineffective assistance, Mail and packages, Reasonable expectation of privacy | Comments Off on NY Bronx: REP in one’s apartment building mailbox

PA: State bears initial burden of showing lack of REP that def must meet

In Pennsylvania, the state has to attempt to show a lack of reasonable expectation of privacy before it can argue a lack of standing. Here, it acquiesced in standing until after it lost the suppression argument, and that’s too late. … Continue reading

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S.D.W.Va.: If you leave a cell phone in someone else’s car, you risk it getting searched

When one leaves his cell phone in a car, he or she assumes the risk that the phone will be found by the police and searched. United States v. Hagy, 2022 U.S. Dist. LEXIS 89437 (S.D.W.Va. May 18, 2022). “They … Continue reading

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M.D.Ala.: Information from seller’s GPS tracker on used car didn’t require a SW

Tracking a used car by its GPS for repossession didn’t violate the Fourth Amendment. Defendant bought a used car apparently to use in a robbery. A license plate reader identified the car and the police easily tracked it back to … Continue reading

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OH6: Police coming uninvited in hotel room 18 minutes after checkout time was unreasonable

Officers arrived at defendant’s motel room 18 minutes after checkout time and searched. The state claimed defendant lost his reasonable expectation of privacy in the room. Hotel management, however, had done nothing about that and apparently didn’t even know. The … Continue reading

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D.N.M.: Community caretaking seizure of car off private property unreasonable

The impoundment of the car defendant was driving (although not his, he has standing) was unjustified. It was on private property and not impeding any traffic. The community caretaking function did not justify it. There was no standardized impoundment policy, … Continue reading

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Cal.1: Being “under investigation” for something else and then being in a “high crime area” is not RS

Being “under investigation” for some crime and then being seen in a “high crime area” is not reasonable suspicion. “And ‘a person’s Fourth Amendment rights cannot be lessened simply because he or she is “under investigation” by the police. Just … Continue reading

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D.D.C.: SW not needed to search seized oligarch’s yacht in foreign port

A warrant for search of a Russian oligarch’s seized yacht under sanctions for the Ukraine invasion is denied as probably unnecessary. “The Fourth Amendment does not apply to the search and seizure of property owned by a nonresident alien located … Continue reading

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VA: Firefighters could call ME and police for dead body

When firefighters entered defendant’s property in response to a fire call, they found a body. It was within the scope of the fire entry to call the police and medical examiner. “Thus, all that the firefighters observed was no longer … Continue reading

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E.D.N.Y.: Visual surveillance of a car in a parking lot is not a search; no REP in the license plate

Visual surveillance of plaintiff’s car in a parking lot is not a search. “Mr. Porter alleges that Investigator Tucci committed an unreasonable search by conducting surveillance of his vehicle in a parking lot and by looking up his plate and … Continue reading

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MA rejects 4A “standing” for a REP analysis

Massachusetts rejects Fourth Amendment “standing” in favor of a reasonable expectation of privacy under the state constitution. Defendant here may have a reasonable expectation of privacy even though something was actually in the possession of his codefendant. Commonwealth v. DeJesus, … Continue reading

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S.D.W.Va.: Helicopter flyover of curtilage at 500′ was reasonable

A helicopter flyover of the curtilage at 500′ was within FAA regulations and thus was reasonable. Defendant’s racing to the spot of the grow operation was exigency for fear he was on his way to destroy evidence. United States v. … Continue reading

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D.Kan.: No REP in Twitter account it closed for violation of TOS for child porn

Twitter deactivated defendant’s account for violation of its terms of service and reported him to NCMEC. Defendant had no reasonable expectation of privacy in the files Twitter had preserved on him. “The Court finds under the circumstances of the case … Continue reading

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IL: Drug sale in backyard nexus to SW for house

“Granted, the drug sale did not occur inside the residence. Rather, it occurred outside the residence, in the backyard. The question, then, is whether a controlled purchase that took place in the yard of a house in which the drug … Continue reading

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E.D.N.Y.: No REP in pawnshop records uploaded to pawnshop detail

There is no reasonable expectation of privacy in pawnshop records uploaded for the NYPD pawnshop detail. (Therefore, in the trial of this case, attacking the datamining of the NYPD for information is more prejudicial than relevant under F.R.E. 403.) Gem … Continue reading

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MA: No REP in privacy settings on social media when def let undercover officer in

An officer sending defendant a SnapChat “friend” request which defendant accepted created no reasonable expectation of privacy in his SnapChat account. Thereafter, defendant posted a video of him with a firearm, and police looked for him and arrested him for … Continue reading

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NY4: One positive trash search “might be a fluke, two indicate a trend”

Based on an anonymous source, police did two trash pulls at defendant’s address. Quoting CA6: “‘While one search turning up [narcotics] in the trash might be a fluke, two indicate a trend. Whether it be a particularly large quantity of … Continue reading

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OH11: No RS for frisking a slumbering motorist

Police were called to a man slumped over his steering wheel maybe passed out. They roused him. Defendant’s patdown was not justified by reasonable suspicion. State v. Shoenberger, 2022-Ohio-253, 2022 Ohio App. LEXIS 232 (11th Jan. 31, 2022). Defendant’s roadside … Continue reading

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