- W.D.N.Y.: Officer’s experience shown in SW affidavit that large scale drug dealers keep it at home can be nexus
- AR: Def can’t show IAC from counsel’s advice on motion to suppress and his decision to go to trial and risk jury sentencing
- FL5: Record doesn’t show no standing in CSLI; remanded
- WaPo: The Sexts of Jeff Bezos and the Death of Privacy
- OH5: State’s claim of reasonable mistake of fact rejected: statute not ambiguous and not violated
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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: Tracking warrant
DE: Whether a state tracking warrant permits tracking in NJ is avoided in favor of inevitable discovery
A tracking device was put on defendant’s Jeep by warrant, and it was tracked into New Jersey as well. The court offers that it’s a difficult question whether the vehicle could be tracked in New Jersey too, but decides the … Continue reading
Probable cause for two tracking warrants was so completely lacking that it was unreasonable to rely on them, and the good faith exception does not apply. United States v. Lopez-Zuniga, 2018 U.S. App. LEXIS 33096 (8th Cir. Nov. 26, 2018):
M.D.Fla.: Whether a state court judge could issue a ping order that crossed state lines is governed by GFE
A state court judge issued a ping order and the phone crossed state lines. Was it a tracking order or an SCA order? “The Court sees no need to venture further into the quagmire of tracking devices, the SCA, and … Continue reading
A dog sniff of a car on a motel parking lot was reasonable and didn’t require reasonable suspicion because there was no stop. State v. Bryner, 2018-Ohio-3215, 2018 Ohio App. LEXIS 3473 (9th Dist. Aug. 13, 2018). Police had a … Continue reading
M.D.Tenn.: Even if Karo didn’t permit monitoring a tracker on a package brought into the house, there was PC anyway
Even if Karo required excising or excluding the statement in the affidavit for search warrant that the package was in the target residence for the anticipatory warrant, there was probable cause without it, so it doesn’t matter. United States v. … Continue reading
W.D.La.: No clear authority says a state court tracking warrant can’t track a car into another state; GFE applies
There is no authority shown that a state court tracking warrant on a vehicle could or could not track the vehicle into another state. Therefore, the good faith exception would apply. United States v. Taylor, 2018 U.S. Dist. LEXIS 17816 … Continue reading
CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that’s all that’s required
Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also … Continue reading