- D.Minn.: Actual knowledge of jail calls being recorded isn’t required because of inmate handbook, signs on wall, and the sounds on the phone call
- S.D.N.Y.: Def in MCC now prosecuted for leaking classified SW information via contraband cell phone
- CA8: Officer’s training and experience not needed in SW affidavit if it shows PC
- CA10: Walking up to def sitting on parked car to talk to him wasn’t a stop
- VA: Running the serial number of a seized firearm isn’t a “search”
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"If it was easy, everybody would be doing it. It isn't, and they don't."
“I am still learning.”
—Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
—Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
—Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
— Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property."
—Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
—United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
—Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
—Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
—Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
—United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
—United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
---Pepé Le Pew
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)
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Author Archives: Hall
D.Minn.: Actual knowledge of jail calls being recorded isn’t required because of inmate handbook, signs on wall, and the sounds on the phone call
Testimony of actual knowledge that non-attorney jail calls would be recorded isn’t required. The inmate handbook, signs by the jail phone, and a notice in the call itself tell inmates that. United States v. Strother, 2020 U.S. Dist. LEXIS 6185 … Continue reading
Defendant is being prosecuted in part for leaking protected search warrant and classified search warrant materials to the press from contraband cell phones in the MCC, Manhattan. This opinion is about disclosure of defenses and evidence. United States v. Schulte, … Continue reading
The facts in the affidavit for images on defendant’s cell phone were enough for probable cause. The officer did not have to detail his training and experience in sex assault cases, too. The alleged Franks violation, even if it was, … Continue reading
Walking up to defendant sitting on his parked car and talking to him, without blocking the path of the car and no police lights, was not a seizure. State v. McCall, 2020-Ohio-84, 2020 Ohio App. LEXIS 69 (10th Dist. Jan. … Continue reading
When defendant got out of the car, the officer could see the butt of a gun sticking from his coat pocket, so a frisk was reasonable for officer safety. Looking at the serial number and then running it to see … Continue reading
NY Times: The Secretive Company That Might End Privacy as We Know It by Kashmir Hill A little-known start-up helps law enforcement match photos of unknown people to their online images — and “might lead to a dystopian future or … Continue reading
Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading
“Because the officers knew that he had a tendency to talk about the case, Williams-Bey argues, Officer Roddy should have given him his Miranda warnings, rather than entertaining his question. Again, Williams-Bey provides no legal authority to support this contention.” … Continue reading
CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading
Defendant’s Fourth Amendment rights weren’t violated by corrections officers copying a letter to his mother with an admission then turning it over to law enforcement officers. He had no privacy interest in his mail that society would recognize. The claim … Continue reading
D.Utah: Defendant in prior dismissed federal action by state consumer protection agency refiled in state court won’t prevent state from using evidence obtained for that action
The state sued in federal court for relief, and it got a TRO, but the claim was later dismissed. Copies of records were made and originals returned. After the state sued in state court, the defendants sought application of the … Continue reading
WTOP: DC police officers say raising serious concerns led to retaliation by Mike Murillo: