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overt or covert, that the choice must in law be deemed to be that of the State.'" Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
t that the information is held by a third party does not by itself overcome the user's claim to Fourth Amendment protection." Id. at 2217; see also Zietzke v. United States, 426 F. Supp. 3d 758, 768 (W.D. Wash. 2019) ("The Court. . . will extend Carpenter to new circumstances only if they directly implicate the privacy
overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
t that the information is held by a third party does not by itself overcome the user's claim to Fourth Amendment protection." Id. at 2217; see also Zietzke v. United States, 426 F. Supp. 3d 758, 768 (W.D. Wash. 2019) ("The Court . . . will extend Carpenter to new circumstances only if they directly implicate the privacy
overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
t that the information is held by a third party does not by itself overcome the user's claim to Fourth Amendment protection." Id. at 2217; see also Zietzke v. United States, 426 F. Supp. 3d 758, 768 (W.D. Wash. 2019) ("The Court . . . will extend Carpenter to new circumstances only if they directly implicate the privacy
overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
t that the information is held by a third party does not by itself overcome the user's claim to Fourth Amendment protection." Id. at 2217; see also Zietzke v. United States, 426 F. Supp. 3d 758, 768 (W.D. Wash. 2019) ("The Court ... will extend Carpenter to new circumstances only if they directly implicate the privacy
overt or covert, that the choice must in law be deemed to be that of the State.'" Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
t that the information is held by a third party does not by itself overcome the user's claim to Fourth Amendment protection." Id. at 2217; see also Zietzke v. United States, 426 F. Supp. 3d 758, 768 (W.D. Wash. 2019) ("The Court . . . will extend Carpenter to new circumstances only if they directly implicate the privacy
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