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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 110 of 239
expectation of privacy in the places and items that were searched; and (2) whether that expectation
was one that society accepts as reasonable. /d. It is axiomatic that “[t]he proponent of a motion
to suppress has the burden of establishing that his own Fourth Amendment rights were violated by
the challenged search or seizure.” Rakas, 439 U.S. at 130, n.1; see also Rawlings v. Kentucky, 448
U.S. 98, 104 (1980).
Under the third party doctrine, the Fourth Amendment “does not prohibit the obtaining of
information revealed to a third party and conveyed by [the third party] to Government authorities.”
United States v. Miller, 425 U.S. 435, 443 (1976). The Supreme Court has long held that “a person
has no legitimate expectation of privacy in information he voluntarily turns over to third parties,”
Smith v. Maryland, 442 U.S. 735, 743-44 (1979), “even if the information is revealed on the
assumption that it will be used only for a limited purpose,” Miller, 425 U.S. 435, at 443.
Exceptions to the applicability of the third party doctrine are narrow. For example, in Carpenter,
138 S. Ct. at 2220, the Supreme Court declined to extend the third party doctrine to cell site
location information, holding that “a warrant is required in the rare case where the suspect has a
legitimate privacy interest in records held by a third party.” 138 S. Ct. at 2222. However, the
Court stressed that its holding was “a narrow one,” with specific consideration given to “the unique
nature of cell phone location information,” id. at 2220, which “provides an intimate window into
a person’s life,” id. at 2217.
“The law is clear that the burden on the defendant to establish [Fourth Amendment]
standing is met only by sworn evidence, in the form of affidavit or testimony, from the defendant
or someone with personal knowledge.” United States v. Montoya-Eschevarria, 892 F. Supp. 104,
106 (S.D.N.Y. 1995) (citations omitted); see also United States v. Ulbricht, No. 14 Cr. 68 (KBF),
2014 WL 5090039, at *6 (S.D.N.Y. Oct. 10, 2014); Rakas, 439 U.S. at 130 n.1.
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Dates
Document Details
| Filename | DOJ-OGR-00003044.jpg |
| File Size | 721.9 KB |
| OCR Confidence | 93.9% |
| Has Readable Text | Yes |
| Text Length | 2,147 characters |
| Indexed | 2026-02-03 16:30:04.281490 |