- 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”
- NY Times: The Secretive Company That Might End Privacy as We Know It
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 25k posts since 2003
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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Category Archives: Uncategorized
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
NY Times: He Says He Stabbed a Student to Defend His Home. His Home Is a Box. By Nikita Stewart and Jan Ransom (“A homeless man is fighting his case by invoking New York’s “castle doctrine,” which gives people the … Continue reading
WaPo: Colorado just used its gun seizure law for the first time — one day after it took effect by Derek Hawkins
N.D.Ohio: 2255 including a 4A IAC claim denied for lack of any statement of facts of what’s at issue
Defendant filed a “laundry list” 2255. His Franks IAC claim is rejected for lack of any offer of proof that it would remotely be granted. Johnson v. United States, 2019 U.S. Dist. LEXIS 216544 (N.D. Ohio Dec. 17, 2019).* The … Continue reading
Had two day jury trial this week which took several days of preparation as well. But, the next 12 days will be slow for work and the cases coming in, as always, so I’ll get caught up presumably by 12/25
NYTimes: The Chilling Reality of Bias at the F.B.I. by Julian Sanchez (“Americans deserve a stronger assurance than “hope” that their Fourth Amendment rights are being respected.”)
D.D.C.: Gen. Flynn’s guilty plea waived his speculative 4A/Brady claim; even if not waived, what he speculates wasn’t material
General Flynn’s 2017 guilty plea waived his claim that there was allegedly Brady material that was favorable to his case that he was set up by the FBI. First of all, the guilty plea waives the Fourth Amendment claim, Brady … Continue reading
Reason: It’s Bill of Rights Day. Do Americans Still Care? by J.D. Tuccille (“The greatest threat to protections for our freedom may be people’s fear that people who disagree with them are exercising their rights.”)
techdirt: DOJ Headed By William Barr Asked To Explain Warrantless Bulk Data Collection William Barr Authorized 27 Years Ago When He Was The Head Of The DOJ
techdirt: DOJ Headed By William Barr Asked To Explain Warrantless Bulk Data Collection William Barr Authorized 27 Years Ago When He Was The Head Of The DOJ by Tim Cushing:
NV: OT: Relying on Kyllo, a digital blog is covered by the newpaperman’s privilege in confidential sources
Off topic, but significant: A digital news blog is covered by the nearly 50-year-old Nevada statute on protecting news sources and under the anti-SLAPP statute. Relying on Kyllo, the court finds that new technology has to be recognized under existing … Continue reading
Reason: Massachusetts Police Test Out Robot Dogs. Is Dystopia on Its Way? by Scott Shackford Don’t be afraid of the robopups, but make sure we leash law enforcement to keep officers from misusing them.
W.D.Tex.: Def shows a “substantial question” of the legality of his search for bail pending appeal of his conviction
Defendant showed a substantial enough question for appeal on the legality of a protective sweep that led to a plain view, so he gets bail pending appeal. United States v. Roark, 2019 U.S. Dist. LEXIS 198264 (W.D. Tex. Nov. 15, … Continue reading