Oregon District Court holds eBay records fall within the third-party doctrine.

In this case, the defendant is charged with assault on a federal officer, one count of carrying and using a destructive device during and in relation to a crime of violence, using an explosive to commit a federal felony, and carrying an explosive during the commission of a federal felony.

The relevant part of the discussion for our purposes is that the defendant made a series of online purchases from eBay where FBI agents learned about the purchases. A number of chemicals were purchased that could be used to make explosives.

Agents obtained a search warrant for the defendant’s apartment based in part on information provided by eBay. Ebay gave up this information voluntarily. and later in response to a grand jury subpoena. The Defendant argued using Carpenter, that the Ebay records transactions were his personal property and effects in a virtual desk.

The Court, after giving a brief legal history of the third-party doctrine, held that these records fell squarely within the third-party doctrine. since location records are not at issue here.

The case is United States v. Schaefer, 2019 U.S. Dist. LEXIS 8505, 2019 WL 267711 (D. Oregon) January 17, 2019.

Related Posts
  • Fighting Google Keyword Warrants Read More
  • Three new cases coming up that will affect Carpenter litigation, all in Massachusetts. Read More
  • Middle District of Tennessee holds Iphones in plain view can be seized during a lawful arrest or encounter. Read More