- TX7: Carpenter applied retroactively where def preserved issue
- M.D.Pa.: Nexus to def’s apt shown by physical description not necessarily apt no.
- S.D.Fla.: Pen register requests that includes subscriber changes overbroad
- D.Neb.: Def motion for SW materials denied for time being; ongoing investigation
- E.D.La.: No PC or RS for def’s stop and frisk
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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
CA7 decides Franks IAC claim on merits: there is PC and the GFE applies; the issuing magistrate was not intentionally or recklessly misled
Defendant raised a Franks IAC claim, and the Seventh Circuit deals with the merits of the claim to determine that there was no Fourth Amendment violation, therefore no IAC. The district court concluded there was no probable cause but the … Continue reading
CA6 declines to decide a clear 4A PC issue that would result in affirmance just to decide on good faith
The search warrant was based on three controlled buys out of defendant’s house. Instead of just saying that that is probable cause, which it obviously is (although the panel kind of merely suggests it might be a close call by … Continue reading
OK: Trial court’s granting motion to suppress without even considering GFE on state’s request was an abuse of discretion
The trial court abused its discretion in granting the motion to suppress the search warrant without even considering the good faith exception after the state raised it. State v. Haliburton, 2018 OK CR 28, 2018 Okla. Crim. App. LEXIS 28 … Continue reading
In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. … Continue reading
The SCA request for CSLI was issued here nearly a year before Carpenter. The good faith exception applies, and there will be no exclusion. United States v. Williams, 2018 U.S. Dist. LEXIS 129639 (E.D. Mich. Aug. 2, 2018):
N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC
In an investigation into job promotion and hiring fraud in the Cook County Circuit Clerk’s office, a cell phone search warrant was issued, and it was with probable cause. “Because the affidavit established probable cause to believe that Beena’s cell … Continue reading
In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant’s search was 2012, and the court applies the good faith exception. At … Continue reading
Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading
CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies
The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading
Defendant had her blood drawn by search warrant, and the officer failed to leave a copy of the warrant with her. The trial court granted her motion to suppress, and the court of criminal appeals affirmed. Reversed: The mere nonprejudicial … Continue reading
CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE
The Ninth Circuit recognizes judicial abandonment under the neutral and detached magistrate requirement, but defendant here still loses. The officers arresting him on the warrant weren’t there when the judicial officer failed to read the papers, and they had no … Continue reading
The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading