{"id":55381,"date":"2023-07-17T09:47:51","date_gmt":"2023-07-17T14:47:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55381"},"modified":"2023-07-17T13:34:53","modified_gmt":"2023-07-17T18:34:53","slug":"ca5-no-rep-in-a-video-recorded-by-another-of-def-committing-a-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55381","title":{"rendered":"CA5: No REP in a video recorded by another of def committing a crime"},"content":{"rendered":"\n<p>While one can have a reasonable expectation of privacy in something he doesn\u2019t own (as in bailment or contract), here it was a video recorded by another of him possessing firearms. He had no reasonable expectation of privacy in the video. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/pub\/22\/22-30435-CR0.pdf\">United States v. Gaulden<\/a>, 2023 U.S. App. LEXIS 17995 (5th Cir. July 14, 2023).<\/p>\n\n\n\n<p>There was a factual dispute whether plaintiff consented to the entry into the home, and that precluded summary judgment and qualified immunity. Plaintiff stated a Fourth Amendment claim. Smith v. Lee, 2023 U.S. App. LEXIS 17997 (5th Cir. July 14, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s Franks motion fails for lack of an offer of proof of falsity or materiality. United States v. Salas-Nieves, 2023 U.S. Dist. LEXIS 121790 (D.P.R. July 14, 2023).*<\/p>\n\n\n\n<p>The stop of defendant\u2019s car for lack of a front license plate was valid, but the search lacked probable cause. Suppressed. People v. Sweeney, 2023 VI SUPER 40U, 2023 V.I. LEXIS 27 (July 11, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While one can have a reasonable expectation of privacy in something he doesn\u2019t own (as in bailment or contract), here it was a video recorded by another of him possessing firearms. He had no reasonable expectation of privacy in the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55381\">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":[21,20,40,18,35],"tags":[],"class_list":["post-55381","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-probable-cause","category-qualified-immunity","category-reasonable-expectation-of-privacy","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55381","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=55381"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55381\/revisions"}],"predecessor-version":[{"id":55384,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55381\/revisions\/55384"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55381"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55381"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55381"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}