{"id":55477,"date":"2023-07-29T18:20:00","date_gmt":"2023-07-29T23:20:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55477"},"modified":"2023-07-30T09:02:43","modified_gmt":"2023-07-30T14:02:43","slug":"d-nev-request-of-internet-provider-to-preserve-evidence-under-18-u-s-c-%c2%a7-2703f-is-not-a-seizure","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55477","title":{"rendered":"D.Nev.: Request of internet provider to preserve evidence under 18 U.S.C. \u00a7 2703(f) is not a seizure"},"content":{"rendered":"\n<p>\u201cHere, the Court finds that Omegle and TextNow&#8217;s preservation of evidence in response to the Government&#8217;s request under 18 U.S.C. \u00a7 2703(f)\u2014a provision of the Stored Communications Act\u2014did not violate the Fourth Amendment for two reasons. First, because the preservation was not a seizure. Second, because Omegle and TextNow were not acting as government agents.\u201d United States v. King, 2023 U.S. Dist. LEXIS 129751 (D.Nev. July 17, 2023).  <\/p>\n\n\n\n<p>Traffic offenses, aside from a cracked windshield, justified the stop. \u201c[W]hile Wilson was looking for various documents, Green noticed items in the glove compartment indicative of drug use. This, combined with his observations about Wilson and Hart&#8217;s demeanor, was enough to arouse Green&#8217;s suspicion that further criminal activity was afoot.\u201d Thus, the stop was reasonably extended. United States v. Hart, 2023 U.S. Dist. LEXIS 128661 (D. Idaho July 24, 2023).*<\/p>\n\n\n\n<p>Without explaining the facts, the district court\u2019s findings the use of force was reasonable is affirmed. Skeen v. Sparks, 2023 U.S. App. LEXIS 19099 (4th Cir. July 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, the Court finds that Omegle and TextNow&#8217;s preservation of evidence in response to the Government&#8217;s request under 18 U.S.C. \u00a7 2703(f)\u2014a provision of the Stored Communications Act\u2014did not violate the Fourth Amendment for two reasons. First, because the preservation &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55477\">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":[12,51,69],"tags":[],"class_list":["post-55477","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-plain-view","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55477","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=55477"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55477\/revisions"}],"predecessor-version":[{"id":55479,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55477\/revisions\/55479"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}