{"id":50775,"date":"2021-12-14T08:58:41","date_gmt":"2021-12-14T13:58:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50775"},"modified":"2021-12-14T08:58:41","modified_gmt":"2021-12-14T13:58:41","slug":"ca11-ptf-had-no-rep-in-workplace-computer-even-with-personal-iphone-backed-up-on-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50775","title":{"rendered":"CA11: Ptf had no REP in workplace computer, even with personal iPhone backed up on it"},"content":{"rendered":"\n<p>Plaintiff had no reasonable expectation of privacy in her workplace computer from a search by the employer during an audit of her time off related to a second job instigated after a discrimination complaint. The fact she backed her iPhone up to the workplace computer doesn\u2019t change the calculus. Otherwise, the district court erred in finding that there was no retaliation because of the timing and circumstances of the complaint and then the search. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202013210.pdf\">Smith v. Pelham<\/a>, 2021 U.S. App. LEXIS 36591 (11th Cir. Dec. 10, 2021).<\/p>\n\n\n\n<p>There was no omission of material information in the affidavit for this search warrant about defendant\u2019s alleged support of a terrorist organization. There was still probable cause, and defendant\u2019s claim is more of a trial issue. United States v. Saab, 2021 U.S. Dist. LEXIS 237277 (S.D.N.Y. Dec. 10, 2021).*<\/p>\n\n\n\n<p>The fact other persons residing in the house had their property searched under the search warrant for defendant\u2019s property didn\u2019t justify blanket suppression of evidence. Moreover, he doesn\u2019t have standing to contest their individual searches. United States v. Sharp, 2021 U.S. Dist. LEXIS 237484 (E.D.N.C. Dec. 13, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff had no reasonable expectation of privacy in her workplace computer from a search by the employer during an audit of her time off related to a second job instigated after a discrimination complaint. The fact she backed her iPhone &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50775\">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":[12,21,101,18,34],"tags":[],"class_list":["post-50775","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-franks-doctrine","category-overseizure","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50775","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=50775"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50775\/revisions"}],"predecessor-version":[{"id":50776,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50775\/revisions\/50776"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}