No Social Media Privacy for Alleged Colorado Theater Shooter

Defendant James Eagan Holmes, the alleged Aurora, Colorado movie theater shooter, sought to suppress records obtained from two “dating” sites, Adultfriendfinder.com and Match.com (to be clear, the former is for “sex and swinger personals”).

TMZ.com apparently broke the story that Holmes, using the alias “classicjimbo,” had a picture of himself with red hair and a comment, “Will you visit me in prison?” homles

Some site photos and a CNN segment can be seen here.

Holmes’ lawyers argued to supress his profile records and subscription records.

The defense argued that the profile and subscription records were private.

As readers of this site well know, there is no reliable precedent that social media content is per se protected by privacy rights.

Applying the Katz “expectation of privacy” standard of 4th Amendment analysis, the court held that there was no societal expectation of privacy to the Defendant’s social media profile since it was accessible to the public.  In fact, the tagline “will you visit me in prison?” suggests that the writer anticipated it would be viewed by third parties.

Likewise, the subscription information amounted to content which the defendant voluntarily turned over to third parties (namely, those two sites).  This would include his billing and personal information as well as his IP address.

Unquestionably, the tagline about prison, if admissible, would be an indicator of forethought.  Likewise, the IP address information would tie the content back to the Defendant’s computer.

The November 7, 2013 Order Regarding Defendant’s Motion to Suppress Evidence: Records from Match.com and Adult Friend Finder.com (D-117) is here.

 

 

 

1st Amendment
Florida Statute Criminalizes School Shooting & Bombing Threats – How Does Law Enforcement Locate People Who Post Online Threats? (O.P-G. v. Florida)

Two days after the Parkland School shooting in Broward County, a middle school student twenty miles away in Miami Lakes, Florida decided to post on YouTube the following: “I[’]m going to shoot my school in [F]lorida[.] [I’]m only 13[.] I got bull[ied] and [I’]m getting my revenge with my guns[.] …

Data Breach
Christopher Hopkins Discusses Cybersecurity & Technology for Lawyers At Law Firm Leaders Summit

I was invited to speak today in Tampa about cybersecurity and technology for lawyers at the Law Firm Leaders Summit conference. I presented to both “small firm” and “large firm” tracks at the seminar. We covered: Getting hacked on public wifi Phishing, Spearfishing and other hacks Ransomware U.S. Government’s “NIT” …

4th Amendment
When Can You Withdraw Consent for a DUI Blood Draw in Florida? (Florida v. Jennifer Ivie)

A Florida driver was involved in an accident, taken to the hospital, and interviewed by police who were conducting a DUI investigation. The officer spoke with the driver, advised her of her Miranda rights, conducted at least one visual test, and otherwise detected signs of intoxication. The officer asked the …