{"id":50113,"date":"2021-10-31T10:40:38","date_gmt":"2021-10-31T15:40:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50113"},"modified":"2021-11-01T08:04:00","modified_gmt":"2021-11-01T13:04:00","slug":"la4-sdt-for-tort-ptfs-cell-phone-records-was-unreasonable-and-disproportionate","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50113","title":{"rendered":"LA4: SDT for tort ptf&#8217;s cell phone records was unreasonable and disproportionate"},"content":{"rendered":"\n<p>A subpoena duces tecum in a civil case for a plaintiff\u2019s cell phone records was quashed and affirmed on appeal. Because of the substantial reasonable expectation of privacy in phone records, this was not proportionate to the case or the need. <a href=\"https:\/\/www.la4th.org\/opinion\/2021\/4874471.pdf\">Hendricks v. Wells Fargo Ins.<\/a>, 2021 La. App. LEXIS 1603 (La. App. 4 Cir. Oct. 27, 2021).<\/p>\n\n\n\n<p>Defendant was a law enforcement officer in a personal dispute with the plaintiff, and the plaintiff alleged that he used his power as an officer to violate the Fourth Amendment. Plaintiff states a claim, but his conspiracy claim fails. Kansas Motorcycle Works USA, LLC v. McCloud, 2021 U.S. Dist. LEXIS 208223 (D.Kan. Oct. 27, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s 2254 raising an unlawful detention issue before charges were formally lodged was barred as a successor petition. White v. Farris, 2021 U.S. Dist. LEXIS 208270 (E.D.Okla. Oct. 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A subpoena duces tecum in a civil case for a plaintiff\u2019s cell phone records was quashed and affirmed on appeal. Because of the substantial reasonable expectation of privacy in phone records, this was not proportionate to the case or the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50113\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,5,81],"tags":[],"class_list":["post-50113","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-cell-phones","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50113","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50113"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50113\/revisions"}],"predecessor-version":[{"id":50120,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50113\/revisions\/50120"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50113"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50113"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}