Category Archives: Private search

D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms

A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading

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MN: Reliable hearsay can be considered for PC

In determining probable cause, “reliable hearsay” may be considered. State v. Dixon, 2022 Minn. LEXIS 483 (Nov. 9, 2022). The question of lack of probable cause was not in the motion to suppress, but the trial court held there was, … Continue reading

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S.D.W.Va.: Protective sweep under a bed is reasonable

The protective sweep here looking under the bed was reasonable. It’s where people hide. Defendant’s contention the sweep went further isn’t clear. Some things were moved and opened, but a search warrant had been executed between the sweep and her … Continue reading

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CA5: Motel owner who opened room door without police asking was a private actor

Police attempted a knock-and-talk at a motel, but no one opened the door. The motel owner here was watching so he opened the door on his own. He asked the officers before he did, but they said they needed a … Continue reading

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MN: When prosecution shows private search doctrine applies, defense has burden to show government action

When a defendant moves to suppress the evidence obtained from a warrantless search and the State proves that the private search doctrine applies, the burden to show that the private party was acting on behalf of the government falls on … Continue reading

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IL: Requirement of some testing of fire sprinkler system doesn’t require a search

A condominium association installed a newer fire protection system, and it was subject to annual testing. The ordinance only required it be tested by somebody, and who would likely be a contractor. It did not compel a search under the … Continue reading

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D.Me.: Dropbox CP search reported to NCMEC wasn’t exceeded by police

Dropbox reported child pornography to NCMEC, and its search did not exceed Dropbox’s private search. United States v. Orne, 2022 U.S. Dist. LEXIS 100146 (D.Me. June 6, 2022).* The wiretap application is based on overwhelming probable cause. United States v. … Continue reading

Posted in Automobile exception, Consent, Independent source, Private search | Comments Off on D.Me.: Dropbox CP search reported to NCMEC wasn’t exceeded by police

D.Iowa: CA8 probably wouldn’t adopt CA5’s private search foreseeability element

A foreseeability requirement in the private search doctrine, apparently applicable in the Fifth Circuit is not followed in this district court in the Eighth Circuit. United States v. Hayes, 2022 U.S. Dist. LEXIS 98528 (D.Iowa June 2, 2022):

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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