Category Archives: Private search

CA9: Private searcher mimicking her computer search for police was reasonable

Defendant’s former girlfriend found child pornography on his computer. She took the computer to the Reno sheriff’s office, and the police there had her show them what she did and go no farther. This was admitted by the government to … Continue reading

Posted in Burden of pleading, Computer and cloud searches, Private search | Comments Off on CA9: Private searcher mimicking her computer search for police was reasonable

NM: Motion to suppress checkpoint stop too general to put state on notice

“We conclude Defendant’s motion was insufficiently particular to alert the metropolitan court or State that the grounds for suppressing evidence related to the checkpoint’s illegality.” “Defendant’s motion, rather, was based upon the State lacking reasonable suspicion to detain Defendant. The … Continue reading

Posted in Burden of pleading, Chekpoints, Private search, Probable cause, Standing | Comments Off on NM: Motion to suppress checkpoint stop too general to put state on notice

D.Nev.: Private prison’s recording of attorney-client calls states a claim

A criminal defense lawyer stated a claim against a private prison operator under the wiretapping laws for recording attorney-client calls. Bliss v. Corecivic, 2022 U.S. Dist. LEXIS 10953 (D.Nev. Jan. 18, 2022). 2254 petitioner’s illegal search claim barred by Stone. … Continue reading

Posted in Issue preclusion, Prison and jail searches, Private search | Comments Off on D.Nev.: Private prison’s recording of attorney-client calls states a claim

MO: Trial court’s credibility findings on search incident of backpack was binding on appeal

The trial court suppressed the search of defendant’s backpack as incident to his arrest. The trial court heard conflicting testimony on whether it was within his reach, and concluded it was not. That’s binding on the standard of review. State … Continue reading

Posted in Private search, Reasonable suspicion, Standards of review | Comments Off on MO: Trial court’s credibility findings on search incident of backpack was binding on appeal

M.D.Fla.: Facebook capturing CP was private search; its ToS show no REP

Facebook’s passing on suspected child pornography on its platform is a private search. Moreover, Facebook’s terms of service show a lack of a reasonable expectation of privacy for child porn. United States v. Montijo, 2022 U.S. Dist. LEXIS 4577 (M.D.Fla. … Continue reading

Posted in Private search, Reasonable expectation of privacy, Social media warrants | Comments Off on M.D.Fla.: Facebook capturing CP was private search; its ToS show no REP

TX8: Purely private search of cell phone not suppressed under art. 38.23(a)

The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne … Continue reading

Posted in Private search, Probation / Parole search, Reasonable suspicion | Comments Off on TX8: Purely private search of cell phone not suppressed under art. 38.23(a)

CA5: NCMEC not public actor, but its search didn’t exceed private search

NCMEC is not a government actor for Fourth Amendment purposes. Even if it was, its search did not exceed that of the private searcher that forwarded the information to it. “Because Meals has not carried his burden concerning NCMEC’s participation … Continue reading

Posted in Private search, Probation / Parole search, Standing | Comments Off on CA5: NCMEC not public actor, but its search didn’t exceed private search

CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search

“Wimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the … Continue reading

Posted in Private search, Probation / Parole search, Reasonable suspicion | Comments Off on CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search

W.D.Wash.: Carpenter does not apply to private searches

Carpenter does not apply to private searches, citing United States v. Miller, 982 F.3d 412, 431 (6th Cir. 2020), and United States v. Ringland, 966 F.3d 731, 737 (8th Cir. 2020). Kleiser v. Chavez, 2021 U.S. Dist. LEXIS 232013 (W.D.Wash. … Continue reading

Posted in § 1983 / Bivens, Issue preclusion, Private search | Comments Off on W.D.Wash.: Carpenter does not apply to private searches

LA1: SW not required under automobile exception

Defendant was involved in a struggle with another in a car, and he reached for the console to open it, and a gun was briefly visible. When he was finally arrested, a warrant was not required for search of the … Continue reading

Posted in Automobile exception, Private search, Reasonableness | Comments Off on LA1: SW not required under automobile exception

TX10: Def’s invitation to look in vehicle console for receipt for allegedly stolen property led to plain view of drugs

Defendant was suspected of leaving a Lowes with a stolen shop vac. He was seen at a nearby McDonalds and officers came up to him. He volunteered that the receipt was in his console and they could look for it. … Continue reading

Posted in Consent, Issue preclusion, Plain view, feel, smell, Private search | Comments Off on TX10: Def’s invitation to look in vehicle console for receipt for allegedly stolen property led to plain view of drugs

CA6: 4A does not apply to a growing tree; it is not an “effect”

The Fourth Amendment does not apply to a growing tree which is part of the real property. “But the Supreme Court has told us that real property is not an ‘effect’ within the meaning of the Fourth Amendment. Oliver v. … Continue reading

Posted in Private search, Seizure | Comments Off on CA6: 4A does not apply to a growing tree; it is not an “effect”

W.D.N.Y.: Mere allegation the private search was expanded fails; def has to show something

Defendant alleges that NCMEC or the police expanded a private search. “However, Defendant concedes that he has no knowledge or evidence that either NCMEC or the police expanded the scope of the Facebook search. … Therefore, Defendant cannot assert that … Continue reading

Posted in Private search, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on W.D.N.Y.: Mere allegation the private search was expanded fails; def has to show something

CA8: Running a false affidavit through the prosecutor doesn’t create QI

Running an allegedly false affidavit through the prosecutor doesn’t create qualified immunity for the affidavit. Wheeler v. City of Searcy, 2021 U.S. App. LEXIS 29364 (8th Cir. Sept. 29, 2021). The New Jersey Division of Child Protection & Permanency (“DCPP”) … Continue reading

Posted in Consent, Private search, Qualified immunity, Reasonable suspicion | Comments Off on CA8: Running a false affidavit through the prosecutor doesn’t create QI

CA9: Police exceeded Google’s private search of email

Google viewed defendant’s email attachments and reported child pornography, but when police got their hands on it, they exceeded the private search. United States v. Wilson, 2021 U.S. App. LEXIS 28569 (9th Cir. Sept. 21, 2021):

Posted in E-mail, Private search | Comments Off on CA9: Police exceeded Google’s private search of email

M.D.La.: Court finds RS for a traffic stop, so CI tip doesn’t have to be considered

“Turning to the facts of the instant case, the Court must resolve the central question: did Nations see Defendant commit a traffic violation? Having listened to Nations’ testimony, observed him in open court, and reviewed the video and written transcript … Continue reading

Posted in Private search, Reasonable suspicion, Staleness | Comments Off on M.D.La.: Court finds RS for a traffic stop, so CI tip doesn’t have to be considered

M.D.Pa.: ISP’s duty to report CP under 18 U.S.C. § 2258A doesn’t make it still not a private search

Kik’s duty to report child pornography on its platform under 18 U.S.C. § 2258A doesn’t make its search still not a private search. United States v. Hart, 2021 U.S. Dist. LEXIS 111166 (M.D. Pa. June 14, 2021). The trial court … Continue reading

Posted in Private search, Probable cause, Seizure, Standards of review | Comments Off on M.D.Pa.: ISP’s duty to report CP under 18 U.S.C. § 2258A doesn’t make it still not a private search

D.Mass.: 14 day delay between seizure and search of cell phone reasonable

This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading

Posted in Abandonment, Cell phones, Prison and jail searches, Private search, Reasonableness | Comments Off on D.Mass.: 14 day delay between seizure and search of cell phone reasonable

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

Posted in Prison and jail searches, Private search, Reasonable expectation of privacy, Scope of search, Seizure | Comments Off on E.D.Mo.: Sexual assault allegation by school official states 4A claim

AZ: Even if NCMEC was not private actor, it didn’t expand the prior private search

In Arizona, Fourth Amendment claims are decided first, then state constitutional claims. Google+, acting completely on its own, searched defendant’s photos folder stored with there. Moreover, it was only shown to be protecting its private business interests, not aid the … Continue reading

Posted in Private search, Reasonable suspicion, Reasonableness | Comments Off on AZ: Even if NCMEC was not private actor, it didn’t expand the prior private search