- D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A
- W.D.Tenn.: Affidavit for SW doesn’t need to support drug dog’s training, too
- CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different
- CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure
- CA6: District Court’s credibility determination underlying consent to search aren’t reviewable
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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: Good faith exception
Petitioner’s IAC claim against defense counsel for not pursuing a Fourth Amendment claim was properly denied for lack of standing on the merits. Virgil v. Sec’y, Dept. of Corrections, 2019 U.S. App. LEXIS 23777 (11th Cir. Aug. 8, 2019).* Defendant’s … Continue reading
Violation of the NYC bicycle use ordinance justifies arrest if necessary, and defendant was riding his bike on the sidewalk. “Here, the officers’ search of Defendant was incident to the lawful stop of Defendant for a bicycle traffic infraction, that … Continue reading
On the Sixth Circuit’s remand of Byrd v. United States, 138 S.Ct. 1518 (2018), to the District Court, the court finds the good faith exception applies to standing issues arising before it was decided. United States v. Byrd, 2019 U.S. … Continue reading
Defendant’s parole officer had a warrant for defendant, and a patdown with the arrest resulted in plain feel of a gun. The trial court erred in suppressing the gun because it was validly found. People v. Jennings, 2019 NY Slip … Continue reading
Focusing on the officer’s pre-warrant activities, the court finds that their conduct in entering defendant’s hotel room was unreasonable and in violation of the Fourth Amendment. Thus, the good faith exception should not apply because it’s not reliance on the … Continue reading
C.D.Ill.: Prior judicial complaints of thin PC from officer go unheeded, but this SW survives GFE anyway
The district court once chided the officer here for a lackadaisical attitude toward showing probable cause with thin facts. The Seventh Circuit concurred but upheld it. And, the officer does it again. Commenting on the past, the court finds it … Continue reading
S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter
The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading
Oral search warrant requests and authorizations under M.R.E. 315 do not violate the Fourth Amendment or Rule 41. Many cases so hold. The violation of the SOP manual for military magistrates wasn’t serious enough to justify suppression nor prevent the … Continue reading
E.D.Mich.: Second SW issued three weeks after first had no additional information to overcome staleness; no GFE
Defendant was the target of a search warrant. Three weeks later, police obtained another search warrant using the prior information attempted to be supplemented by defendant’s Facebook page. There was also a failed controlled buy there. There was insufficient new … Continue reading
E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE
The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading
Defendant twice asked the USMJ for a Franks hearing and never got one. On review, application of the good faith exception is sustained. “Here, the Government has shown that McMahon and the other law enforcement officers that executed the search … Continue reading