Category Archives: Private search

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

N.D.Ohio: 5 yo child wandering in apt parking lot at 2:30 am was exigency when door was open to apt

A five year old boy found wandering at 2:30 am in an apartment building parking lot was exigency for the police to further open defendant’s partially open door when the apartment was found. United States v. Shorter, 2021 U.S. Dist. … Continue reading

Posted in Emergency / exigency, Motion to suppress, Private search, Standards of review | Comments Off on N.D.Ohio: 5 yo child wandering in apt parking lot at 2:30 am was exigency when door was open to apt

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

Posted in Emergency / exigency, Knock and announce, Private search, Reasonable expectation of privacy | Comments Off on CA7: FBI’s enlisting govt employee to take records from another’s office was unreasonable search

TX13: Truck mechanic conducted private search of flash drive found in door

Defendant took his pickup truck in for service at the local Ford dealer. While working on the truck, the mechanic found a flash drive in the door pocket and plugged it into the diagnostic laptop plugged into defendant’s truck. Instead … Continue reading

Posted in Consent, Nexus, Private search | Comments Off on TX13: Truck mechanic conducted private search of flash drive found in door

W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

Posted in Private search, Probation / Parole search, Qualified immunity, Strip search | Comments Off on W.D.Mo.: ER’s security staff conducts private searches of GSW victims

IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

Posted in Community caretaking function, Consent, Drug or alcohol testing, Private search, Probation / Parole search, Warrant execution | Comments Off on IL: ER blood draw was private search, and results were obtainable by process

S.D.W.Va.: A tiny scrap of mj in a trash pull doesn’t support an inference of drug dealing from the house

“Detective Aldridge could not reasonably have believed that the three tiny scraps of marijuana in the trash—unable to cover even a corner of a Post-it note [actually a stem; photo included]—could support the idea of ongoing or recurrent activity in … Continue reading

Posted in Private search, Probable cause, Standards of review, Unreasonable application / § 2254(d) | Comments Off on S.D.W.Va.: A tiny scrap of mj in a trash pull doesn’t support an inference of drug dealing from the house

D.Vt.: Apt building parking lot not curtilage; def’s girlfriend was private searcher

Defendant’s vehicle was in an apartment building parking lot, and that’s not curtilage. There was also probable cause to search it and it was mobile. Defendant’s cell phone was privately seized from his vehicle and turned over to police by … Continue reading

Posted in Inventory, Private search, Search incident | Comments Off on D.Vt.: Apt building parking lot not curtilage; def’s girlfriend was private searcher

W.D.Ky.: 4A doesn’t apply in civil discovery between private parties

In a civil dispute, defendant can get discovery of plaintiff’s text messages. Her Fourth Amendment and reasonable expectation of privacy argument is unavailing because they don’t apply to private parties. Petty v. Bluegrass Cellular, 2021 U.S. Dist. LEXIS 64853 (W.D. … Continue reading

Posted in Private search | Comments Off on W.D.Ky.: 4A doesn’t apply in civil discovery between private parties

DC: Tacit approval for private search made it state action

Defendant was arrested in a rental car, and he claimed ownership of the bags in the trunk. The police gave tacit approval to the towing company employee’s search of the bags, thus making him an agent for the search. Fogg … Continue reading

Posted in Abstention, Private search | Comments Off on DC: Tacit approval for private search made it state action

N.D.W.Va.: No REP in readily visible interior of car

There is no reasonable expectation of privacy in the interior of a car visible through the window. United States v. Swartz, 2020 U.S. Dist. LEXIS 248194 (N.D. W.Va. Dec. 11, 2020),* adopted, 2021 U.S. Dist. LEXIS 10918 (N.D. W.Va. Jan. … Continue reading

Posted in Plain view, feel, smell, Private search | Comments Off on N.D.W.Va.: No REP in readily visible interior of car

E.D.Tenn.: Facebook is not a government actor

Facebook is not a government actor, even if NCMEC is under the Tenth Ciruit’s Ackerman. United States v. Sykes, 2021 U.S. Dist. LEXIS 9580 (E.D. Tenn. Jan. 19, 2021). 46 days from a child pornography download by the government to … Continue reading

Posted in Private search, Protective sweep, Staleness | Comments Off on E.D.Tenn.: Facebook is not a government actor

Lawfare: Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma

Lawfare: Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma by Jeff Kosseff:

Posted in Private search | Comments Off on Lawfare: Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma

CA8: Creighton U. security officers are private actors

Creighton University security officers are private actors in seizing and searching defendant. They did not act in concert with any law enforcement agency, and they called the police to take defendant away. United States v. Avalos, 2021 U.S. App. LEXIS … Continue reading

Posted in Franks doctrine, Private search | Comments Off on CA8: Creighton U. security officers are private actors

D.Del.: Videotaping an otherwise valid prison strip search isn’t a per se 4A violation

“Plaintiff does not allege that the search itself violated his rights but, rather, it is the recording of the search that he finds objectionable.” “[U]sing a camera to record a strip search in a prison does not, by itself, amount … Continue reading

Posted in Private search, Reasonable suspicion, Strip search | Comments Off on D.Del.: Videotaping an otherwise valid prison strip search isn’t a per se 4A violation

CA8: Remodeler found video voyeur camera and conducted a private search then turned it over to police

A man remodeling defendant’s house found a USB port in the bathroom, and he gathered that the USB could be used to hook up a camera in the bathroom to record children visiting there. He took the device he found … Continue reading

Posted in Emergency / exigency, Franks doctrine, Private search | Comments Off on CA8: Remodeler found video voyeur camera and conducted a private search then turned it over to police

CA6: Looking at hash values on images of CP didn’t expand the private search

Officers looking at the hash information on child pornography images sent from NCMEC who got them from gmail wasn’t expansion of the private search under Jacobsen and Walter. United States v. Miller, 2020 U.S. App. LEXIS 37787 (6th Cir. Dec. … Continue reading

Posted in Private search | Comments Off on CA6: Looking at hash values on images of CP didn’t expand the private search