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Can the government track your eScooter (Bird/Lime) with real-time location data without a warrant?
Synopsis
Background: Lessee of motorized electric scooters brought action challenging constitutionality of city program requiring companies that leased such scooters to obtain permits from the city department of transportation, which, among other conditions, mandated that companies provide real-time location data directly to city for all leased scooters. The United States District Court for the Central District of California, Dolly M. Gee, J., 2021 WL 1220690, dismissed the action. Lessee appealed.
Holdings: The Court of Appeals, Hawkins, Senior Circuit Judge, held that:
1 city's collection of real-time location data on scooters amounted to injury-in-fact sufficient to confer Article III standing;
2 lessee had no reasonable expectation of privacy in real-time location data; and
3 city's collection of data did not amount to a “search” under the Fourth Amendment.
Affirmed.
Sanchez v. Los Angeles Dep't of Transportation, 39 F.4th 548 (9th Cir. 2022)
The Fourth Amendment prohibits “unreasonable searches and seizures.” U.S. Const. amend. IV. The initial issue for decision is whether LADOT's collection of MDS location data is a search for Fourth Amendment purposes.5 Only if collection of the data is a search do we need to address the separate question of whether that search is unreasonable. See Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991).
For much of our Nation's history, the definition of a search under the Fourth Amendment was “tied to common-law trespass,” focusing on whether government actors had obtained “information by physically intruding on a constitutionally protected area.” United States v. Jones, 565 U.S. 400, 405, 406 n.3, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). In Olmstead v. United States, for example, the Supreme Court found that wiretaps attached to telephone wires on public streets did not constitute a search because “[t]here was no entry of the houses or offices of the defendants.” 277 U.S. 438, 464, 48 S.Ct. 564, 72 L.Ed. 944 (1928).
The Court significantly expanded the doctrinal scope of the analysis in Katz v. United States, finding that the attachment of an eavesdropping device to a public *555 telephone booth was a search, memorably stating that “the Fourth Amendment protects people, not places.” 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Its subsequent d
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
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Are you are a Russian speaker? Вы говорите по-русски?
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Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
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By Anton Vialtsin, Esq.Synopsis
Background: Lessee of motorized electric scooters brought action challenging constitutionality of city program requiring companies that leased such scooters to obtain permits from the city department of transportation, which, among other conditions, mandated that companies provide real-time location data directly to city for all leased scooters. The United States District Court for the Central District of California, Dolly M. Gee, J., 2021 WL 1220690, dismissed the action. Lessee appealed.
Holdings: The Court of Appeals, Hawkins, Senior Circuit Judge, held that:
1 city's collection of real-time location data on scooters amounted to injury-in-fact sufficient to confer Article III standing;
2 lessee had no reasonable expectation of privacy in real-time location data; and
3 city's collection of data did not amount to a “search” under the Fourth Amendment.
Affirmed.
Sanchez v. Los Angeles Dep't of Transportation, 39 F.4th 548 (9th Cir. 2022)
The Fourth Amendment prohibits “unreasonable searches and seizures.” U.S. Const. amend. IV. The initial issue for decision is whether LADOT's collection of MDS location data is a search for Fourth Amendment purposes.5 Only if collection of the data is a search do we need to address the separate question of whether that search is unreasonable. See Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991).
For much of our Nation's history, the definition of a search under the Fourth Amendment was “tied to common-law trespass,” focusing on whether government actors had obtained “information by physically intruding on a constitutionally protected area.” United States v. Jones, 565 U.S. 400, 405, 406 n.3, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). In Olmstead v. United States, for example, the Supreme Court found that wiretaps attached to telephone wires on public streets did not constitute a search because “[t]here was no entry of the houses or offices of the defendants.” 277 U.S. 438, 464, 48 S.Ct. 564, 72 L.Ed. 944 (1928).
The Court significantly expanded the doctrinal scope of the analysis in Katz v. United States, finding that the attachment of an eavesdropping device to a public *555 telephone booth was a search, memorably stating that “the Fourth Amendment protects people, not places.” 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Its subsequent d
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...