E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

There is no reasonable expectation of privacy in Facebook posts, no matter who reads them, “friend” or not. Defendant posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. Dist. LEXIS 138727 (E.D.Tenn. July 26, 2021).*

Defendant challenged the search warrant for his house based in part on his illegally obtained statement. Even if it was fruit of the poisonous tree, there was other evidence for probable cause, and the physical evidence is not suppressed. The statement, however, is suppressed. United States v. Terry, 2021 U.S. Dist. LEXIS 138222 (D.Neb. June 17, 2021).*

Defendant’s appeal of denial of his suppression motion is based on a credibility determination and clear error, and none is shown. United States v. Sharp, 2021 U.S. App. LEXIS 22110 (5th Cir. July 26, 2021).*

Defendant’s 2255 for counsel ignoring his Fourth Amendment claim is denied. “The memorandum was obviously written by someone not familiar with the facts of the case, making allegations that there was no search warrant, that movant was not aware of his rights, and the like. The record reflects that these allegations are not true.” Castaneda v. United States, 2021 U.S. Dist. LEXIS 138246 (N.D.Tex. July 26, 2021).*

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