N.D.Ill.: Motion to suppress work computer requires showing personal privacy interest in it; no hearing without it

Defendant is a deputy U.S. Marshal, and he was indicted for abusing arrestees and covering it up. When he was arrested, his Blackberry and work laptop were seized. He did not provide an affidavit with the motion to suppress showing that he had a privacy interest in the hard drive that connected to the USM network. United States v. Linder, 2013 U.S. Dist. LEXIS 18346 (N.D. Ill. February 12, 2013):

The facts set forth in Linder’s affidavit do not change this Court’s conclusion that Linder cannot credibly claim to have had a subjective expectation of privacy in the data stored on his Blackberry device and network drives. Linder’s affidavit does not set forth facts sufficient to establish a material dispute warranting an evidentiary hearing on the issue. While he explains his use of the devices, he does not present details necessary to show there is a dispute of material fact regarding his subjective beliefs about the use of those devices. For example, Linder does not assert that a supervisor at the U.S. Marshal Service informed him the files on his Blackberry and H drive were inaccessible to others, nor does he claim that a trainer at his Computer Security Awareness Training classes suggested to him that files stored on his devices would remain private. In fact, he does not point to a single individual in the U.S. Marshal Service whose statement or conduct could conceivably have brought him to believe he had a privacy interest in the files stored on his Blackberry and H drive. The Court finds that without these or similar representations, a suppression hearing would serve no purpose.

For example, had Linder presented evidence that a supervisor, trainer, or fellow Deputy U.S. Marshal communicated to him that files stored on his government-issued Blackberry and the corresponding network drives were private, an evidentiary hearing would give the Court an opportunity to make credibility determinations regarding the individuals who made those statements. …

Later, the court dismissed the indictment for prosecutorial misconduct. United States v. Linder, 2013 U.S. Dist. LEXIS 29641 (N.D. Ill. March 5, 2013).