Dec 092017
 
 December 9, 2017  Court

From the this-doesn’t-seem-quite-right-to-me dept.:

Defendant’s telling someone in a recorded jail call that he knew was being recorded his Facebook ID and password so it could be changed. That was a waiver of his reasonable expectation of privacy in the information on his Facebook account that AFOSI could access. Defendant was awaiting court martial in a county jail. United States v. Langhorne, 2017 CCA LEXIS 746 (A.F. Ct. Crim. App. Dec. 5, 2017):

http://afcca.law.af.mil/content/afcca_opinions/cp/langhorne_-_39047.pub.pdf

Read more on FourthAmendment.com.

Doesn’t the defendant’s action in trying to change his password for FB show that he was concerned about protecting his privacy? If they had said to the defendant, “You realize you’re waiving any expectation of privacy because this call is being recorded, right?” what would the defendant have said? And more importantly, perhaps, what would he have then done? Would he have proceeded or shut up?