Solis and Diaz — SJC Upholds Delayed Cell Phone Warrants
The Massachusetts SJC held that 109- and 123-day delays in seeking cell phone search warrants were reasonable under article 14’s totality-of-the-circumstances test.
The Massachusetts SJC held that 109- and 123-day delays in seeking cell phone search warrants were reasonable under article 14’s totality-of-the-circumstances test.
The South Carolina Court of Appeals upheld lottery-winner privacy protections, signature redactions, and relief from FOIA requests requiring millions of dollars and thousands of staff hours.
The South Carolina Court of Appeals held that a criminal defendant wearing a private bond company’s GPS ankle monitor retains a reasonable expectation of privacy in that location data under the Fourth Amendment and Article I, Section 10 of the South Carolina Constitution, requiring a warrant; though the trial court erred in admitting the warrantlessly obtained GPS data, the error was harmless given the victim’s in-court identification, the stolen moped evidence, and the victim’s debit card found on the defendant at arrest.
The First Department dismissed gender-motivated violence and intimate-recording claims in a divorce action, holding that the NYC Gender-Motivated Violence Protection Act requires allegations of gender-based animus beyond possessive or jealous conduct, and that both NYC Administrative Code § 10-180 and Civil Rights Law § 52-b apply only to visual depictions — not audio recordings.
Delaware Superior Court partially reverses the Attorney General’s FOIA denial, ordering the Department of Correction to disclose aggregate inmate population data but upholding the withholding of individual identifying information under statutory protections.