{"id":61418,"date":"2025-07-04T13:47:50","date_gmt":"2025-07-04T18:47:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61418"},"modified":"2025-07-04T13:47:50","modified_gmt":"2025-07-04T18:47:50","slug":"oh-no-rep-in-single-location-info-entered-into-a-phone-app","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61418","title":{"rendered":"OH: No REP in single location info entered into a phone app"},"content":{"rendered":"\n<p>Defendant\u2019s single location information entered into a phone app that was used to set up a robbery was basic third-party information not protected by Carpenter. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/0\/2025\/2025-Ohio-2323.pdf\">State v. Diaw<\/a>, 2025-Ohio-2323 (July 2, 2025):<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>{\u00b6 34} Moreover, Diaw has no reasonable expectation of privacy in what he \u201c\u2018knowingly exposes to the public,\u2019\u201d Ciraolo, 476 U.S. at 213, quoting Katz at 351. And he has no reasonable expectation of privacy while physically present at a McDonald\u2019s because there is no reasonable expectation of privacy when \u201con public thoroughfares,\u201d because such movements are \u201cvoluntarily conveyed to anyone who wanted to look,\u201d United States v. Knotts, 460 U.S. 276, 281 (1983). Diaw cannot now claim a privacy interest in information he otherwise would not have a reasonable expectation of privacy in just because it was disclosed by a third party to law enforcement.<\/p>\n\n\n\n<p>{\u00b6 35} Finally, the privacy concerns expressed in Jones are not present here. In this case, police subpoenaed three days\u2019 worth of information but received location data for only a single day. In Jones, the 28 days\u2019 worth of location data, that \u201ctracked every movement that [Jones] made,\u201d constituted a search. Jones, 565 U.S. at 430 (Alito, J., concurring). Accordingly, a subpoena revealing only a single location point on a single day does not implicate the same privacy concerns that the concurring justices raised in Jones.<\/p>\n\n\n\n<p>{\u00b6 36} Using Letgo falls squarely within the third-party doctrine. Users voluntarily choose to use Letgo. And the data that Letgo provided to law enforcement revealed the location where the user had logged in to use the app but did not reveal any information that the Fourth Amendment protects. Indeed, people who use a cellphone app that facilitates local sales through in-person transactions do not have a reasonable expectation of privacy in that information, because they<br \/>are revealing their location to the public by using the app.<\/p>\n\n\n\n<p class=\"has-text-align-left\">{\u00b6 37} We hold that a person maintains no reasonable expectation of privacy in a single location data point communicated to an online-marketplace app. &#8230;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s single location information entered into a phone app that was used to set up a robbery was basic third-party information not protected by Carpenter. State v. Diaw, 2025-Ohio-2323 (July 2, 2025):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18,76],"tags":[],"class_list":["post-61418","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-surveillance-technology"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61418","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=61418"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61418\/revisions"}],"predecessor-version":[{"id":61419,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61418\/revisions\/61419"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}