N.D.N.Y.: No REP in def’s social media accounts holding child porn

In a child porn case, defendant can’t show a reasonable expectation of privacy in images in his social media account. “For example, Defendant has not attested as to how he used the social media accounts, what if any privacy settings he employed on the ESPs, whether he read and understood the Terms of Service and Community Standards, and whether or not he believed his communications were public, private, or subject to monitoring. Thus, there is no factual basis to conclude that he had a subjective expectation of privacy.” “Second, the Court finds that Defendant has failed to show that he had a reasonable expectation of privacy in the images and videos at issue. While Defendant asserts that his expectation of privacy was reasonable, he has not provided any supporting evidence to suggest that society would agree.” United States v. Tennant, 2023 U.S. Dist. LEXIS 192180 (N.D.N.Y. Oct. 10, 2023).

“Not” in the search warrant application was asserted to be a typo for “now” in a Franks challenge. That dispute doesn’t have to be resolved because there’s probable cause on the remainder. United States v. Cunha, 2023 U.S. App. LEXIS 28471 (9th Cir. Oct. 26, 2023).*

Defendant’s guilty plea waived his Fourth Amendment claim. (And his excessive bail claim.) State v. Perry, 2023-Ohio-3883 (8th Dist. Oct. 26, 2023).*

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