- OR: Def adequately pled 4A and argued substance to preserve issue for appeal
- W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel
- KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana
- Wired: A Location-Sharing Disaster Shows How Exposed You Really Are
- W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation
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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: Overseizure
W.D.Ky.: SW particularity and the scope of search that occurred are separate “arguments [that] must not be confused”
The search warrant was particular, and the search was not overbroad, confined within the scope of the warrant. They are separate “arguments [that] must not be confused.” United States v. Aley, 2018 U.S. Dist. LEXIS 59527 (W.D. Ky. Apr. 9, … Continue reading
The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state’s plain view argument is unavailing because it wasn’t immediately apparent to the officers. “We further find little … Continue reading
D.Mass.: Overseizure by retention of unresponsive emails seized under SW doesn’t require suppression of all
Defendant contends that the overseizure and retention of emails obtained by warrant that aren’t relevant to the crime under investigation requires suppression of even that which was validly obtained. No court has gone that far. His creative attempt to extend … Continue reading
The affidavit only showed probable cause to search for weapons, not drugs, and there was no probable cause for drugs in the affidavit. As to drugs, the search warrant is suppressed. Defendant also raised the argument that the officer sought … Continue reading
Army Ct.Crim.App.: Search authorization for cell phone text messages did not permit looking at pictures
The search authorization here was for text messages on a servicemember’s cell phone. The searchers, however, looked for pictures, too. The military good faith exception, Mil. R. Evid. 311(c)(3), specifically addresses the scenario when officers rely on a subsequently invalidated … Continue reading
S.D.N.Y.: The email SW here was limited by time and crime and that made it reasonable and not a general warrant
It is too easy for an email warrant to be a general warrant because there has to be an articulation of what the government is looking for. Moreover, all the emails may be seized so they can be searched looking … Continue reading
The Facebook warrant was not overbroad, and it was consistent and less intrusive than a Facebook warrant previously approved by the Ninth Circuit in Flores. That which was nonresponsive to the warrant was previously ordered segregated and sealed, and the … Continue reading
In the Silk Road “drug kingpin” conviction, whether the third party doctrine succumbs to technology is going to have to come from SCOTUS since the doctrine came from it. The search warrant for defendant’s computer was sufficiently particular. Broad for … Continue reading
E.D.Ky.: An “unreasonable” overseizure as to quantity and not place might be suppressible; hard case to understand
Overseizure under a valid warrant is hard to prove. This case makes it seem like at least an “unreasonable” overseizure, whatever that is, might still be a general search, but it doesn’t directly say so. This case is not good … Continue reading
S.D.N.Y.: Failure to follow a document search protocol in otherwise reasonably conducted computer and device searches wasn’t unreasonable under 4A
The court conducts a second hearing over whether blanket suppression is required for over searching numerous electronic devices seized from the defendant, some of which were later turned over by defense counsel. Defendant sought to bring his case within “United … Continue reading