- E.D.Tenn.: When def claims material information is omitted from an affidavit for SW it becomes a Franks claim even if def doesn’t want it to be
- C.D.Ill.: Entry onto def’s curtilage to investigate his weapon possession broadcast live on SnapChat was with RS and reasonable
- S.D.W.Va.: Def’s merely talking to an alleged shooter wasn’t RS
- WaPo: License plate scanners were supposed to bring peace of mind. Instead they tore the neighborhood apart.
- CA9: Def’s lawful possession of this vehicle gave him standing
online since Feb. 24, 2003
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Fourth Amendment cases,
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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
An implied license to come to the front door, if it exists under Jardines, doesn’t permit officers coming to the back patio area on the curtilage. Here, however, the emergency aid exception applied, and there was no Fourth Amendment violation. … Continue reading
Defendant was stopped for having no rearview mirror inside. A frisk for weapons for “officer safety” was unwarranted. Motion to suppress granted. United States v. Jarvis, 2021 U.S. Dist. LEXIS 199592 (N.D.Ohio Oct. 18, 2021). The officer’s alleged violation of … Continue reading
Defendant’s challenge to the reliability of GPS information for a stop of a robbery suspect on reasonable suspicion is rejected. He was accused of robbing a cell phone store, and a GPS tracker left with him. It was reasonable to … Continue reading
The omitted facts from the affidavit for defendant’s child pornography search warrant had no bearing on the probable cause determination, so the Franks challenge fails. Defendant’s claim that the affidavit’s reference to two successful downloads of child pornography was false … Continue reading
KyCIR: To solve murders, Louisville police turn to ‘geofence’ warrants — but net few arrests by Jacob Ryan, Kentucky Center for Investigative Reporting:
Tenth Circuit’s rule that officers can recklessly cause an otherwise reasonable shooting was not based on clearly established law. Thus, qualified immunity applies. City of Tahlequah v. Bond, 2021 U.S. LEXIS 5310 (Oct. 18, 2021) (per curiam)*:
An iPhone was stolen. The owner reported to police it had been turned on at a particular address. Officers got a search warrant for that address, and entered. Drugs in plain view could be seized. United States v. Curiel, 2021 … Continue reading
A Chicago PD officer was watching the streets with surveillance cameras, and he observed defendant apparently with a firearm under his shirt. That report to others who conducted the frisk was collective knowledge for a stop [although that phrase isn’t … Continue reading
Defendant has no standing in a stolen car he is a passenger in, even if he doesn’t know it’s stolen. Also, a key-locked safe in the car could be opened under inventory even though the policy doesn’t talk about it. … Continue reading
Plastic wrappers or containers in cars are ubiquitous. The officer [almost obviously] made up a claim there was drug residue in a wrapper. First it was ecstacy, then it was cocaine. It’s all on bodycam. This was a “comedy of … Continue reading
“A review of the discovery produced by the Government leads the Court to the conclusion that Sheehan’s counsel’s decision not to file a motion to suppress was well within ‘the wide range of reasonable professional assistance.’ Strickland at 689. Sheehan … Continue reading
The state did not need a search warrant to test DNA retrieved from an abandoned cigarette butt. Carpenter doesn’t remotely apply. People v. Mendez, 2021 NY Slip Op 21275, 2021 N.Y. Misc. LEXIS 5148 (Bronx Co. Oct. 13, 2021). Defendant … Continue reading
WaPo: Opinion: Breonna Taylor’s death sparked remarkable changes to no-knock raids across America by Radley Balko:
One controlled buy is probable cause for a search warrant of a house. Regular drug trafficking from there not required. United States v. Roberts, 2021 U.S. App. LEXIS 30737 (6th Cir. Oct. 12, 2021). Mere disagreement with the state court’s … Continue reading
Failing to swear to facts supporting standing is fatal to a Fourth Amendment claim in New York. People v. Ibarguen, 2021 NY Slip Op 05617, 2021 N.Y. LEXIS 2207 (Oct. 14, 2021) (Wilson dissents again (see today’s prior post of … Continue reading
The appellate division’s affirmance of the conviction is summarily affirmed. People v. Blandford, 2021 NY Slip Op 05619, 2021 N.Y. LEXIS 2209 (Oct. 14, 2021) (dissenting opinion)*:
Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches (“Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.”)