{"id":61074,"date":"2025-05-17T14:08:33","date_gmt":"2025-05-17T19:08:33","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61074"},"modified":"2025-05-17T14:08:33","modified_gmt":"2025-05-17T19:08:33","slug":"pa-no-rep-in-data-on-use-of-ebt-card","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61074","title":{"rendered":"PA: No REP in data on use of EBT card"},"content":{"rendered":"\n<p>Appellant\u2019s argument that the search incident failed because of a lack of an arrest warrant wasn\u2019t presented below so it\u2019s waived. He had no reasonable expectation of privacy in the data on his EBT card that Wawa wouldn\u2019t turn over to the police. Commonwealth v. Hoyle, 2025 Pa. Super. LEXIS 216 (May 16, 2025).*<\/p>\n\n\n\n<p>\u201cOfficer Fuller&#8217;s testimony that he paced Upchurch speeding and saw him turning and changing lanes without signaling amply supports the initial stop.\u201d Defendant\u2019s furtive movement which turned out to be hiding a gun magazine was reasonable suspicion. United States v. Upchurch, 2025 U.S. Dist. LEXIS 93680 (D. Ariz. May 16, 2025).*<\/p>\n\n\n\n<p>Plaintiff sued the local police department, as well as others, for taking possession of his car after an accident. The PD and others moved to dismiss which plaintiff didn\u2019t answer. Dismissed. Page v. Nissan N. Am., Inc., 2025 U.S. Dist. LEXIS 92655 (N.D. Tex. May 15, 2025).*<\/p>\n\n\n\n<p>Plaintiff doesn\u2019t show a material misstatement of fact to support his civil Franks claim. Welsh v. Hester, 2025 U.S. App. LEXIS 11818 (5th Cir. May 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Appellant\u2019s argument that the search incident failed because of a lack of an arrest warrant wasn\u2019t presented below so it\u2019s waived. He had no reasonable expectation of privacy in the data on his EBT card that Wawa wouldn\u2019t turn over &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61074\">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":[21,35,79],"tags":[],"class_list":["post-61074","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-reasonable-suspicion","category-third-party-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61074","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=61074"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61074\/revisions"}],"predecessor-version":[{"id":61075,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61074\/revisions\/61075"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61074"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61074"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61074"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}