- Techdirt: DOJ Asks DC Court To Compel Decryption Of Device Seized In A Capitol Raid Case
- E.D.Ark.: No 4A REP in trash container at the street for pickup
- W.D.N.Y.: One has to show standing to get access to SW materials
- D.Kan.: Seizure without RS led to abandonment; suppression granted
- IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”
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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: Good faith exception
Wisconsin’s statute allegedly permitting blood draws of incapacitated drivers is unconstitutional for lack of actual consent, but the good faith exception saves it today. State v. Prado, 2021 WI 64, 2021 Wisc. LEXIS 98 (June 18, 2021):
Where the officers impermissibly delayed obtaining a search warrant for defendant’s cell phone, the good faith exception does not apply. The initial seizure of the phone was valid because it was left at a crime scene. United States v. Tisdol, … Continue reading
A police officer’s admission at trial that the affidavit for search warrant was ghostwritten for him didn’t show a Franks violation because there clearly was probable cause. United States v. Ware, 2021 U.S. App. LEXIS 16568 (3d Cir. June 3, … Continue reading
CA3: SW including “any and all cell phones” could be overbroad, but not here where there were only two
“Taylor contends that the description of ‘any and all cellular telephones’ contained in this warrant is overly broad and thus lacks the requisite particularity. Although a warrant allowing seizure of ‘any and all cellular telephones’ may be overbroad, this record … Continue reading
Unverified belief there was an arrest warrant for defendant required that the arrest and search be suppressed. State v. Pines, 2021 Wash. App. LEXIS 1223 (May 17, 2021). “Here, while the record is unclear as to when the outstanding warrant … Continue reading
The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):
Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading
Probable cause does not have to be decided where the good faith exception would apply. The warrant was for firearm evidence and had a cell phone search provision. If the cell phone provision was overbroad, that should be severed and … Continue reading
S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE
“Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine, $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (‘MDENT’). I find that neither the … Continue reading
E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting
Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading
Per the dissent, the Michigan Court of Appeals erred in holding in an unpublished opinion that the good faith exception is an exception to the warrant requirement, not the exclusionary rule. People v. Mead, 2020 Mich. App. LEXIS 6223 (Sept. … Continue reading
Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021). The officer had probable cause to … Continue reading
A 27 month delay in getting a search warrant for defendant’s cell phone was unreasonable, and the good faith exception is not applied. United States v. Tu Anh Nguyen, 2021 U.S. Dist. LEXIS 70671 (N.D. Iowa Mar. 16, 2021):
Even without an adequate showing of nexus, search warrants have been sustained under the good faith exception. This is one of those cases where the inference is close enough. United States v. Mayweather, 2021 U.S. App. LEXIS 10208 (8th Cir. … Continue reading
Involving pre-Carpenter CSLI, the defense had valid strategic reasons to forego a motion to suppress to support the defense arguments at trial. “Because we hold that Thomas’s trial counsel did not perform deficiently because she had a reasonable strategic purpose … Continue reading
CA8: While the stated reason for the stop was maybe legally erroneous, there was a valid unstated alternative basis
Officers stated an improper lane change as their basis for a stop, but it might not have been illegal under Nebraska law. However, they already had reason to believe the registration on the vehicle was lapsed, and that’s a proper … Continue reading