Category Archives: Third Party Doctrine

D.Colo.: Bank records have no REP so they can be obtained for restitution purposes

There is no reasonable expectation of privacy in bank records, and the government can obtain them to enforce a restitution order. United States v. Osborn, 2023 U.S. Dist. LEXIS 90076 (D. Colo. May 23, 2023). Defendant doesn’t get a Franks … Continue reading

Posted in Exclusionary rule, Franks doctrine, Reasonable expectation of privacy, Third Party Doctrine | Comments Off on D.Colo.: Bank records have no REP so they can be obtained for restitution purposes

N.D.Ala.: No REP in DEA’s license plate reader database

“First, Officer Josh Powers did not violate Toombs’ Fourth Amendment rights by accessing license plate reader data from the Department of Justice’s Drug Enforcement Administration System Information License (‘DEASIL’). Second, Powers had reasonable suspicion of criminal activity when he extended … Continue reading

Posted in Inventory, Protective sweep, Reasonable expectation of privacy, Reasonable suspicion, Third Party Doctrine | Comments Off on N.D.Ala.: No REP in DEA’s license plate reader database

ABA: Regulating Forensic Genetic Genealogy: Balancing Privacy Concerns with the Needs of Law Enforcement in a Time of Consumer DNA Testing Services

Regulating Forensic Genetic Genealogy: Balancing Privacy Concerns with the Needs of Law Enforcement in a Time of Consumer DNA Testing Services by Devinder Hans (ABA Mar. 28, 2023)

Posted in DNA, Third Party Doctrine | Comments Off on ABA: Regulating Forensic Genetic Genealogy: Balancing Privacy Concerns with the Needs of Law Enforcement in a Time of Consumer DNA Testing Services

PA: No standing to challenge Google SW for who searched rape victim’s name before crime

In a home invasion rape case, the state sought from Google search information involving the victim’s name in the 48 hours before the rape, and there were searches for that from defendant’s IP address. Defendant had no reasonable expectation of … Continue reading

Posted in Computer and cloud searches, Informant hearsay, Probable cause, Standing, Third Party Doctrine | Comments Off on PA: No standing to challenge Google SW for who searched rape victim’s name before crime

ars technica: FBI finally admits to buying location data on Americans, horrifying experts

ars technica: FBI finally admits to buying location data on Americans, horrifying experts by Ashley Belanger (“FBI director denied that the agency currently purchases location data.”)

Posted in Cell site location information, Third Party Doctrine | Comments Off on ars technica: FBI finally admits to buying location data on Americans, horrifying experts

SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

Posted in SCOTUS, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

In a child exploitation case, the government admitted that the state search warrant in another state wasn’t as detailed as they’d have done, but it still showed probable cause and was supported by the good faith exception. The mobile IP … Continue reading

Posted in Cell phones, Consent, Inventory, Knock and talk, Third Party Doctrine | Comments Off on N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections

techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections by Tim Cushing (“There’s only so much domestic surveillance the government can engage in before it starts running into problems. The Supreme Court’s Carpenter decision strongly suggested gathering … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections

Gizmodo: ‘Gap’ in App Store Rules Endangers Reproductive Data, [only 9] Top Law Enforcement Chiefs Say

Gizmodo: ‘Gap’ in App Store Rules Endangers Reproductive Data, Top Law Enforcement Chiefs Say by Dell Cameron (“Attorneys general in nine states and the District of Columbia are urging Apple this week to introduce new App Store requirements designed to … Continue reading

Posted in Third Party Doctrine | Comments Off on Gizmodo: ‘Gap’ in App Store Rules Endangers Reproductive Data, [only 9] Top Law Enforcement Chiefs Say

WaPo: Google reaches record $392M privacy settlement over location data

WaPo: Google reaches record $392M privacy settlement over location data by Bryan Pietsch (“Google agreed to pay $391.5 million to 40 states to settle an investigation into its location tracking practices, a coalition of state attorneys general announced Monday. The … Continue reading

Posted in GPS / Tracking Data, Third Party Doctrine | Comments Off on WaPo: Google reaches record $392M privacy settlement over location data

MA: Def not prejudiced by third party’s response to SW

A third party in possession of Medicaid records was served with a search warrant, and appellant complains of the procedural nature of the third party’s response. [Aside from no standing,] Appellant doesn’t even attempt to show that the exclusionary rule … Continue reading

Posted in Burden of pleading, Exclusionary rule, Third Party Doctrine | Comments Off on MA: Def not prejudiced by third party’s response to SW

E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022). The … Continue reading

Posted in Cell site location information, GPS / Tracking Data, Reasonable suspicion, Reasonableness, Third Party Doctrine | Comments Off on E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

E.D.Tenn.: Walmart Pay records do not require SW

A search warrant isn’t needed for investigators to access information from Walmart Pay. Carpenter doesn’t apply. United States v. Whipple, 2022 U.S. Dist. LEXIS 153126 (E.D. Tenn. Aug. 25, 2022). A claim that the officer presented false information to get … Continue reading

Posted in Probable cause, Reasonable suspicion, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on E.D.Tenn.: Walmart Pay records do not require SW

CA1: Suit v. IRS for third-party records retention might state claim, remanded

The taxpayer’s third-party financial records suit was not barred by the Anti-Injunction Act. It was not against collection of a tax, but the government retaining records. Remanded to consider other issues as well. Harper v. Rettig, 2022 U.S. App. LEXIS … Continue reading

Posted in Reasonable suspicion, Third Party Doctrine | Comments Off on CA1: Suit v. IRS for third-party records retention might state claim, remanded

CA9: Mandated GPS tracking of e-scooters not 4A violation

The City of Los Angeles e-scooter ordinance requires the scooters to have GPS and provide real time tracking information. This is classic third-party data, and there is no reasonable expectation of privacy of scooter users in that information. Sanchez v. … Continue reading

Posted in Consent, Excessive force, Third Party Doctrine | Comments Off on CA9: Mandated GPS tracking of e-scooters not 4A violation

Reason: Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant

Reason: Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant by Elizabeth Nolan Brown:

Posted in Surveillance technology, Third Party Doctrine | Comments Off on Reason: Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant

M.D.Tenn.: Copies of what were notarized kept by the notary are third-party records

Defendant had documents notarized at a Nashville law office where the practice of the lawyer-notary, not required by law, to copy what was notarized, and they did it for free. The government found out about it and subpoenaed the records. … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion, Third Party Doctrine | Comments Off on M.D.Tenn.: Copies of what were notarized kept by the notary are third-party records

CA3: Bank records still have no REP under Carpenter

Defendant’s bank records were subject to the third-party doctrine which was not changed by Carpenter. United States v. Hall, 2022 U.S. App. LEXIS 6425 (3d Cir. Mar. 14, 2022):

Posted in Third Party Doctrine | Comments Off on CA3: Bank records still have no REP under Carpenter

CA1: Third-party doctrine applies to prescription drug monitoring program

This is an action to enforce a DEA administrative subpoena to the New Hampshire Prescription Drug Monitoring Program for specific prescriptions. The court declines to equate prescription records with other medical records because the pharmacy industry is closely regulated. It … Continue reading

Posted in Administrative search, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on CA1: Third-party doctrine applies to prescription drug monitoring program

New York Daily News: Is our government buying our data? We need a federal investigation.

New York Daily News: Is our government buying our data? We need a federal investigation. by Elizabeth Holtzman and Mark Udall (Nov. 18, 2021) (“Tech companies, eager to sell us ads, promise to anonymize any of our shared data, a … Continue reading

Posted in Third Party Doctrine | Comments Off on New York Daily News: Is our government buying our data? We need a federal investigation.