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 privacy in the information Google had. Then, there was a tower dump of the information from the cell tower near the victim’s home at the time of the rape, and the court finds Carpenter does not apply there. Commonwealth v. Kurtz, 2023 PA Super 72, 2023 Pa. Super. LEXIS 170 (Apr. 28, 2023).

“Here, the affidavit made a colorable argument for probable cause, which the agents relied on in good faith in securing a warrant to search Fowler’s car. The statement of probable cause connected Fowler and his car to known drug traffickers. It documented that law enforcement officers had observed Fowler driving a known drug trafficker in his Camry to a nearby motel shortly after that known trafficker had conducted a suspected drug sale. It also stated that, on one occasion in which Fowler drove one known trafficker (Brian Bridges) to meet with another trafficker (Christina Neff) who emerged from an apartment building, Fowler himself first exited the car and approached the building in an apparent effort to find Neff.” [There’s more.] United States v. Fowler, 2023 U.S. App. LEXIS 10412 (9th Cir. Apr. 28, 2023).*

Seven controlled buys from defendant, five from inside his house, was probable cause. People v. Howard, 2023 NY Slip Op 02218, 2023 N.Y. App. Div. LEXIS 2221 (4th Dept. Apr. 28, 2023).*