Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Defendant loaned a cellphone for a drug run had no expectation of privacy in the call directory

By John Wesley Hall, Jr.

Defendant loaned a cellphone to be used on a drug run trip in a car with a hidden compartment had an expectation of privacy in the cellphone to challenge its seizure, but he did not have an expectation of privacy in the call directory in the phone. The phone was searched twelve hours later. United States v. Fierros-Alavarez, 2008 U.S. Dist. LEXIS 33630 (D. Kan. April 23, 2008): The government argues the holding in Smith and the later applications of Smith logically extend to the issue presented by the facts of this case so as to preclude an expectation of privacy in the recent call directory as well as the phonebook directory. The defendant's only rejoinder is that a phone book directory may disclose more information than that revealed in a pen register...continue to full post

Full post as published by Fourth Amendment on April 26, 2008 (boomark / email).