{"id":5548,"date":"2011-12-28T11:03:08","date_gmt":"2011-05-14T10:07:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-14T10:07:13","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5548","title":{"rendered":"CA1: District Court erred in denying hearing on motion to suppress whether private search was exceeded"},"content":{"rendered":"<p>The Massachusetts Department of Social Services received information with details about access with passwords to defendant\u2019s Sprint PCS account about how the CI accidently received child pornography from the defendant to the CI\u2019s phone. The district court erred in denying the motion to suppress without having a hearing to determine whether the government exceeded the private search. <a href=\"http:\/\/www.ca1.uscourts.gov\/pdf.opinions\/08-2455P-01A.pdf\">United States v. D\u2019Andrea<\/a>, 648 F.3d 1 (1st Cir. 2011):<\/p>\n<blockquote><p>There can be no serious debate, and the government does not dispute, that defendants had a subjective expectation of privacy in their password-protected online account and that this expectation of privacy was, at least initially, reasonable. Nor is there any question that the DSS agent\u2019s unauthorized accessing of the website constituted a warrantless search. The question presented is whether the warrantless search was nonetheless valid because an exception to the warrant requirement applied or there were circumstances defeating the reasonableness of defendants\u2019 expectation of privacy. The government presses three theories: (1) the private search doctrine; (2) emergency intervention; and (3) inevitable discovery.\n<\/p><\/blockquote>\n<p>Still, the district court abused its discretion in denying a hearing on the government\u2019s theories to support the search.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5548\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5548","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5548","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5548"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5548\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5548"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5548"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5548"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}