Privacy – Bow Tie Law

The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

January 12, 2010 Josh Gilliland Criminal Procedure, Discovery, Duty to Preserve, Electronically Stored Information, ESI, Reasonable Expectation of Privacy, Spoliation, Text Messages

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1. The passengers might have been hoping, “There is nothing to see here.” After stopping the car with the Defendant and two passengers,[…]

Private Eyes, and the California Supreme Court, are Watching You!

August 5, 2009 Josh Gilliland Reasonable Expectation of Privacy

The California Supreme Court, probably counting down until they have to decide cases regarding the new Electronic Discovery Act, weighed in with a case that will make people shake their heads and feel uncomfortable. The Defendants ran a non-profit residential facility for neglected and abused children. The Plaintiffs worked for[…]

Invasion of Privacy and Spoliation on MySpace

August 3, 2009 Josh Gilliland Defamation, Reasonable Expectation of Privacy, Social Networking, Spoliation

It is true that mass communication is no longer limited to a tiny handful of commercial purveyors and that we live with much greater access to information than the era in which the tort of invasion of privacy developed. A town crier could reach dozens, a handbill hundreds, a newspaper[…]

Text Messages and Privacy

December 31, 2008 Josh Gilliland e-Discovery, Reasonable Expectation of Privacy, Text Messages

Can you have a reasonable expectation of privacy in text messages? This video clip from the CT Summation & Ivize webinar addressed this issue.