Jan 272017
 
 January 27, 2017  Court

I think I’m going to need some help with this one, too. John Wesley Hall Jr. writes:

Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because it’s collection is not even a “search.” Defendant has no standing in search warrants issued for two cell phones, neither of which were his. His effort to bootstrap standing by claiming his privacy was violated with “swallow” standing and is contrary to authority. United States v. Woodside, 2017 U.S. Dist. LEXIS 8852 (S.D. W.Va. Jan. 23, 2017).

Data obtained via a pen register order is a “collection,” but not a “search” under the Fourth Amendment? How can that be?

Ah, I see… I got the opinion and order, which states that it is “well-established” that it is not a search, citing Smith v. Maryland.

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