- SC: Refusal to sign a second consent form wasn’t withdrawal of the first consent
- LA2: CSLI obtained by SW before Carpenter: Observation
- LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail
- WaPo: ICE arrested a wanted man driving his pregnant wife to give birth. She drove herself to the hospital.
- CA4: Ptf’s 1983 claim a Stingray was used on him survives Heck bar
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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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Category Archives: Uncategorized
2018 Justice Donald L. Corbin Appellate Symposium, March 28-29th in Little Rock at Bowen School of Law. Lawyers in surrounding states, please take notice. Three judges from the 8th, one from the 6th, 9th, and 11th and a state or … Continue reading
NJ: Affidavit for SW doesn’t need to be turned over at bail hearing where arrest doesn’t rely on SW under NJ law
When the state is not relying on the product of a search warrant for its arrest warrant, it does not have to disclose the search warrant affidavit under state law at the detention hearing – it can wait until later … Continue reading
WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702’s reauthorization.
techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction by Tim Cushing:
Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test by Orin Kerr: If the Positive Law test is originalist, then what isn’t? A close look at Fourth Amendment history and some recent scholarship.
After the state supreme court denied discretionary review of the search issue, the lower court ruling became law of the case, and the suppression hearing couldn’t be reopened. State v. Raphael, 2018-Ohio-140, 2018 Ohio App. LEXIS 140 (12th Dist. Jan. … Continue reading
WaPo: Meet the 24-year-old Trump campaign worker appointed to help lead the government’s drug policy office
WaPo: Meet the 24-year-old Trump campaign worker appointed to help lead the government’s drug policy office by Robert O’Harrow Jr.:
Volokh Conspiracy: Yes, the Positive Law Model of the Fourth Amendment is Originalist by Will Baude Orin asked me to correct the record; I’m correcting it.
A police officer leaked the existence of an FBI investigation that enabled the target of a search warrant to move his stash. “His statement [to the FBI] denying that he had disclosed the investigation was capable of influencing the FBI’s … Continue reading
S.D.Cal.: Def’s substantial search claim was determinative of his conviction and bail would be granted pending sentencing
Defendant’s search issue is arguable and substantial and a question of first impression in this circuit, and the search claim is determinative of the conviction. This counsel’s in favor of granting release pending sentencing. United States v. Wilson, 2018 U.S. … Continue reading