Category Archives: Third Party Doctrine

E.D.Wash.: No REP in an ISP’s mere subscriber records

There is no reasonable expectation of privacy in an ISP’s mere subscriber records. “The Government points out that it received Defendant’s name, address and telephone number as the subscriber of the subject IP address, but did not request or receive … Continue reading

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Ocala Post: Biden wants IRS to snoop into your bank account, know when you have $600 or more; some bankers say it violates the 4A (but it doesn’t)

Ocala Post: Biden wants IRS to snoop into your bank account, know when you have $600 or more (“Outraged citizens and banks alike want to know why President Joe Biden plans to allow the IRS to snoop into bank accounts, … Continue reading

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CA7: Pen register to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter

The use of a pen register order to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter. United States v. Soybel, 19-1936 (7th Cir. Sept. 8, 2021):

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S.D.Ind.: IU’s CrimsonCard key card system has no REP in user movements

Indiana University’s CrimsonCard, a key card, that tracks movement into University buildings and facilities, does not carry a reasonable expectation of privacy. This case arose from an investigation of a hazing incident, and the University was corroborating alleged alibis. There … Continue reading

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Raw Story: Mo Brooks bellyaches about Congress seizing his phone records: ‘They should not have access to anything’

Raw Story: Mo Brooks bellyaches about Congress seizing his phone records: ‘They should not have access to anything’ by David Edwards:

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N.D.Cal.: Officer accessing Automated License Plate Reader database not unreasonable search

An Oakland officer’s accessing the local Automated License Plate Reader (ALPR) database was not an illegal search nor a violation of the Fourth Amendment. That information helped to provide information to enable police to apply for a GPS tracking warrant … Continue reading

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OH1: Telling def to keep his hands out of his pockets and then put them on hood when he wouldn’t didn’t taint later consent

During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that … Continue reading

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MA: No REP in MBTA fare card information and station videos that put def near scene of murder

The third-party doctrine should not be mechanically applied to MBTA (CharlieCard) fare card information under this court’s precedents. Nevertheless, there was no subjective reasonable expectation of privacy in the information. It only tracked his movements on the transit system, not … Continue reading

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N.D.Ill.: Carpenter did not signal SCOTUS’s abandonment of the third party doctrine

Carpenter did not signal SCOTUS’s abandonment of the third party doctrine to non-CSLI. United States v. Osadzinski, 2021 U.S. Dist. LEXIS 141637 (N.D.Ill. July 29, 2021)*:

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DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter

Debit card financial records are basic third party records, like the bank records in Miller, and Carpenter offers no protection to the petitioner despite his claim of privacy interest in the information. And, if it did, the good faith exception … Continue reading

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CA11: Including omitted information under Franks still left PC

The omission here was not a Franks violation. “Here, even if Jackson’s statement had been included in the affidavit, it would not have tipped the balance. The officers still would have had probable cause to search the home, because the … Continue reading

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VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military

VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military by Joseph Cox (“15 billion car locations. Nearly any country on Earth. ‘The Ulysses Group’ is pitching a powerful surveillance technology to the U.S. … Continue reading

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WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations by Drew Harwell (“Government agencies increasingly are accessing private information they are not authorized to compile on their own.”)

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Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers

Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers by Tim Cushing (“Last October, Senators Ron Wyden and Elizabeth Warren asked the IRS’s oversight to take a look at the agency’s use of … Continue reading

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Nothing online is completely private: Parler data dump of “ethically hacked posts”

NYTimes: How Parler Reveals the Alarming Trajectory of Political Violence by Candace Rondeaux and Heather Hurlburt:

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W.D.N.C.: Def counsel not ineffective for not arguing Carpenter protects bank records because it doesn’t

There is no reasonable expectation of privacy in bank records such that the government needed a warrant to get them. Defense counsel wasn’t ineffective for not arguing that there was such an interest. “Carpenter did not overrule Miller but merely … Continue reading

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AZ: Third party doctrine after Carpenter doesn’t require SW for IP addresses and subscriber info

The third party doctrine after Carpenter does not make IP addresses and subscriber information protected by the Fourth Amendment or the state constitution. State v. Mixon, 2021 Ariz. LEXIS 3 (Jan. 11, 2021):

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CA3: No REP in cell phone subscriber records

There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading

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CA11: No REP in one’s email address held by IP company under third-party doctrine

“This appeal requires us to decide whether the government needed a warrant to obtain a criminal suspect’s email address and internet protocol addresses from a third party’s business records. It also requires us to decide whether probable cause supported a … Continue reading

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Filter: DEA Pursues Vast Expansion of Patient Surveillance

Filter: DEA Pursues Vast Expansion of Patient Surveillance by Sessi Kuwabara Blanchard (“The Drug Enforcement Administration (DEA) is looking to expand its anti-diversion surveillance infrastructure by being able to search and analyze myriad patient behaviors for the vast majority of … Continue reading

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