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CT: Giving out one's cell phone number is not a waiver of privacy in the number or the phone

By John Wesley Hall, Jr.

Defendant had a reasonable expectation of privacy in the contents of his cell phone and his number, contrary to the state’s argument. Just giving out the number to others is not a waiver of the expectation of privacy. State v. Boyd, 295 Conn. 707, 2010 Conn. LEXIS 114 (April 27, 2010): The state also claims, however, that even if the defendant owned and controlled the cell phone, he failed to establish that he had a reasonable expectation of privacy in the cell phone number because he presented no evidence that he had made any attempt to keep it private. In support of this claim, the state relies on United States v. Fierros-Alavarez, 547 F. Sup. 2d 1206 (D. Kan. 2008). In that case, the court concluded that, because the defendant had lawful possession and control of his cell phone when it was seized and searched by the police, he had a subjective expectation of privacy in it...continue to full post

Full post as published by Fourth Amendment on May 03, 2010 (boomark / email).