883 F. Supp. 2d 523
S.D.N.Y.2012Background
- Colon moves to suppress evidence seized from his Facebook account under a search warrant.
- Colon’s Facebook profile is named 'Mellymel Balia.'
- The government sought a warrant as part of a SDNY grand jury investigation.
- Magistrate Judge Maas found probable cause and issued the warrant; Colon does not challenge probable cause.
- Colon challenges the government's method of collection, using a cooperating witness who was Colon’s Facebook 'friend' to access his profile.
- The government accessed Colon’s profile through the cooperating witness, forming the core evidence for probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment privacy via cooperating witness | Colon—privacy expectation ends when shared with friends. | Colon—friends cannot negate reasonable privacy interests in profile. | No Fourth Amendment violation; access via friend is permissible. |
| Minimization procedures adequacy | No adequate minimization described. | Attachment B specifies targeted minimization. | Minimization procedures satisfied. |
Key Cases Cited
- United States v. Lifshitz, 369 F.3d 173 (2d Cir. 2004) (privacy expectation limited when information is transmitted online or via email)
- United States v. Barone, 913 F.2d 46 (2d Cir. 1990) (no legitimate privacy expectation in conversations recorded with at least one party's consent)
- Guest v. Leis, 255 F.3d 325 (6th Cir. 2001) (e-mail sender loses privacy upon delivery; dissemination to recipients affects privacy)