Reasonable Expectation of Privacy

News & Analysis as of

US Court of Appeals Rules Pocket Dial Calls Fail to Exhibit an Expectation of Privacy

Florida Statute § 934.03 regarding interception and disclosure of wire, oral, or electronic communications closely mirrors the United Code 18 U.S.C. § 2511(1)(a), which clearly sets forth the rights to privacy regarding...more

U.S. Supreme Court Upholds Privacy Rights for Los Angeles Hotel Operators

In a win for privacy advocates, the U.S. Supreme Court ruled that a City of Los Angeles municipal ordinance permitting warrantless police searches of hotel registries is unconstitutional. The subject ordinance (Los Angeles...more

Supreme Court Invalidates Los Angeles Law Authorizing Warrantless Searches of Hotel Records

In City of Los Angeles v. Patel, the Supreme Court invalidated a Los Angeles law that allowed law enforcement officials to inspect hotel and motel guest registries at any time, without a warrant or administrative subpoena....more

City of Los Angeles vs. Patel Update: U.S. Supreme Court Strikes Down Warrantless Searches of Guest Registries

The U.S. Supreme Court has struck down a law enacted by the City of Los Angeles requiring hotel owners to comply with warrantless inspections of their guest registries upon demand by law enforcement officers. The High Court,...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Warrantless Laptop Search Suppressed In Sixth Circuit

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

BC Privacy Commissioner Releases Report on Use of Employee Monitoring Software

In January 2015, the mayor of Saanich publicly complained that the District of Saanich had installed “spyware” on his office computer. The BC Information and Privacy Commissioner initiated an investigation pursuant to the...more

UK: Use of image taken from social media breaches UK media privacy rules

The UK Independent Press Standards Organisation has upheld a complaint against a newspaper after it published an image taken from social media without consent picturing a man who had been arrested for murder with a woman...more

Employer's Electronic Communication Policy Negates Expectation of Privacy in Employee's Work Computer

Adding its voice to the growing body of cases illustrating the importance of electronic communications policies, a federal court in Virginia ruled earlier this year that an employee had no reasonable expectation of privacy in...more

Twitter, Evidence, Privacy and Social Media

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more

Evolving Expectations of Privacy: Klayman v. Obama

In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more

Facebook User Voluntarily Shared Image; Cannot Claim "Reasonable Expectation of Privacy" under Fourth Amendment

It's not far-fetched to say that this blog could run every day solely on posts analyzing the recent legal developments regarding Facebook. As the social networking behemoth has become a functionally ubiquitous presence in the...more

Email Users Beware: Companies and Corporate Officers Should Evaluate Email Practices in Light of Delaware Chancery Court Decision

On September 5, 2013, the Delaware Chancery Court ruled that the attorney-client privilege does not protect from disclosure emails sent by corporate officers to their personal attorneys using the company’s email account. In...more

Top fashion legal topics – #1 wearable technologies and privacy

Living in one of the world fashion capitals and with the upcoming Milan fashion week, we thought it might be of interest covering some of the top current legal issues impacting the fashion sector. This is the first post of a...more

Your Cat’s Name Could Soon Be Your “Personal Information”: 4 Steps You Can Take to Prepare Yourself for the Proposed Expansion of...

As we learned this summer, online account usernames can be, well . . . somewhat embarrassing when made public. Here in California, however, that type of username or an email address, in combination with a password or...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

The NSA Isn’t the Only One Tracking You

Working in the information technology (IT) field for over 10 years, I find that nothing surprises me anymore. Your information is out there, and there are many ways to track it. An attorney came to me recently and said a...more

Employers’ Technology Acceptable Use Policies — Top Ten Tips

Every U.S. private and public sector employer should develop, maintain and enforce an effective, appropriate workplace technology-acceptable-use policy (“TAUP”). In large part, a TAUP is a no-expectation-of-employee-privacy...more

BB&K Police Bulletin: GPS “Ping” - No Fourth Amendment Violation When GPS on Stolen Cell Phone Locates Thief

Overview: A California Appellate Court recently found no Fourth Amendment violation where police used the Global Positioning System (GPS) on a stolen cell phone to locate and detain the thief. The court reasoned that the...more

Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

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