Digital Evidence: Federal Rules Should Not Defy Common Sense
In Pearce v. Emmi, No. 16-11499, 2017 BL153011 (E.D. Mich., Southern Div. May 8), the plaintiff, both individually and as "next friend" of her infant child, brought suit against the defendant, a member of the Oakland County Sheriff's Office (OCSO) who had led a search involving narcotics trafficking and which, inter alia, led to the seizure of three electronic devices from one Cody Furhman, the plaintiff's fiancé.
June 01, 2017 at 05:01 PM
17 minute read
Editor's note: This is the first in a two-part series.
In Pearce v. Emmi, No. 16-11499, 2017 BL153011 (E.D. Mich., Southern Div. May 8), the plaintiff, both individually and as “next friend” of her infant child, brought suit against the defendant, a member of the Oakland County Sheriff's Office (OCSO) who had led a search involving narcotics trafficking and which, inter alia, led to the seizure of three electronic devices from one Cody Furhman, the plaintiff's fiancé. The plaintiff claimed that one of the devices had been at the defendant's residence when it was used to activate an application that directed a monitor in the plaintiff's home to stream audio and visual of the plaintiff—who was nude breastfeeding her infant—to the device, in violation of 42 U.S.C. Section 1983, the Federal Wiretapping Act, and provisions of Michigan state law. The district court, ruling on a motion for reconsideration made by the defendant and nonparty OCSO after the magistrate had issued his opinion and order in February, made some findings and drew some legal conclusions that, in many ways, defy common sense. Exploration of those findings and conclusions can help clarify how the court should have ruled.
|Background
The plaintiff alleged that a “Nest Cam” application had been installed on the iPhone of her fiancé. As the court explained, Nest Cam is an electronic monitor that provides a live audio visual stream. The monitor pairs with an application that users download onto electronic devices like cellphones and tablets. The monitor has a motion sensor and sends a notification to the application installed on the user's electronic devices when it detects motion in the room. After receiving such a notification, the user may open the application and observe the audio and video captured by the monitor. The monitor has a small green light, which flashes when the audio/visual live stream is monitored through the Nest Cam application on an electronic device.
The plaintiff claimed that she had downloaded the Nest Cam application on three devices, including her fiancé's iPhone. On or about March 2, 2016, The defendant led a search that resulted in the plaintiff's fiancé's arrest and the seizure of his iPhone. Per the court, the iPhone was “purportedly logged into the Oakland County Jail Computer Crime Lab that same day.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Debtor-Owner Allowed to Modify Mortgage in Bankruptcy Even if Debtor Is Not Obligor Under the Mortgage Loan
7 minute read
Big Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute read
Trending Stories
- 1Matt's Corner: RPC 8.4(d)—Conduct Prejudicial to the Administration of Justice
- 2The Essential Role of Partnership Agreements in Health Care Private Practices
- 3State Law Falls Short on Disability Rights
- 4People in the News—Nov. 26, 2024—Barley Snyder, McNees
- 5Akin, Baker Botts, Vinson & Elkins Are First Texas Big Law Firms to Match Milbank Bonuses
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
