- W.D.Pa.: Generic motion to suppress denied
- D.N.M.: Detention hearing argument that there were “dispositive” 4A issues goes nowhere
- CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies
- M.D.Pa.: Franks hearing denied for speculation on what video evidence might show
- AR: One can’t change 4A argument from trial court to appeal
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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: Digital privacy
NYT: If You Care About Privacy, It’s Time to Try a New Web Browser by Brian X. Chen (“A new crop of internet browsers from Brave, DuckDuckGo and others offer stronger privacy protections than what you might be used to.”) … Continue reading
Bloomberg Law: Surveillance Camera Hack Raises Legal Risk of Digital Device Use by Andrea Vittorio & Jake Holland (“A recent hack into a massive collection of security camera data from Verkada Inc. shows the cyber and privacy-related vulnerabilities of digital … Continue reading
WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations
WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations by Drew Harwell (“Government agencies increasingly are accessing private information they are not authorized to compile on their own.”)
The officer had reasonable suspicion to frisk three men before they fled him. Releasing a police dog was not unreasonable. The dog’s attack of a 40ish woman, however, was not seen to be reasonable, and the dog was not promptly … Continue reading
Vox: Recode: App trackers secretly sell your location data to the government. App stores won’t stop them.
Vox: Recode: App trackers secretly sell your location data to the government. App stores won’t stop them. By Sara Morrison (“Google can’t stop trackers in its apps from selling location data to the government. Maybe the government can.”)
Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers
Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers by Tim Cushing (“Last October, Senators Ron Wyden and Elizabeth Warren asked the IRS’s oversight to take a look at the agency’s use of … Continue reading
Foreign Policy Research Institute: The Intelligence Community and Open-Source Information in the Digital Age
Foreign Policy Research Institute: The Intelligence Community and Open-Source Information in the Digital Age by George W. Croner:
NYT: Opinion: They Stormed the Capitol. Their Apps Tracked Them. By Charlie Warzel and Stuart A. Thompson (“Times Opinion was able to identify individuals from a trove of leaked smartphone location data.”)
NYTimes: How Parler Reveals the Alarming Trajectory of Political Violence by Candace Rondeaux and Heather Hurlburt:
There’s no Fourth Amendment issue raised here, but this is a particularly ugly child pornography case involving live child rape broadcast by Zoom. Police gathered sign-in and logs from Zoom used to share the child pornography. It was captured first … Continue reading
The third party doctrine after Carpenter does not make IP addresses and subscriber information protected by the Fourth Amendment or the state constitution. State v. Mixon, 2021 Ariz. LEXIS 3 (Jan. 11, 2021):
Geofence warrants can be used to identify those who invaded the Capitol, not to mention Facebook warrants
The government’s prior use of geofence warrants were a prelude to this: With the invasion of the Capitol on Wednesday, the government now can attempt to locate all the cell phones inside the Capitol to identify those to potentially charge. … Continue reading
NBC News: Insecure wheels: Police turn to car data to destroy suspects’ alibis by Olivia Solon (“Looser privacy standards for vehicle data are a treasure chest of data for law enforcement.”)
Vox: The real cost of smart speakers by Sam Ellis (“But essentially, smart speakers are microphones that connect to the internet. And they come with a hidden cost: some of our privacy. After listening to our questions and demands, these … Continue reading
The Intercept: Powerful Mobile Phone Surveillance Tool Operates in Obscurity Across the Country by Sam Richards (“CellHawk helps law enforcement visualize large quantities of information collected by cellular towers and providers.”)
The Crime Report: Is Your Phone Safe? The Dangers of Police Access to Private Digital Data by Christa Miller (“A recent report from the Washington, D.C. nonprofit Upturn highlights the privacy and civil rights concerns arising from the use of … Continue reading
techspot: Schools are using FBI hacking tools to access students’ phones by Isaiah Mayersen (“A damning Gizmodo report has revealed that numerous school districts have purchased the digital tools the FBI use, and are leveling them against students. Even without … Continue reading
Husband’s interception of his wife’s work emails for advantage in their divorce case violated the Stored Communications Act as well as her right of privacy. The district court erred in granting him summary judgment. Clare v. Clare, 19-36039 (9th Cir. … Continue reading
VICE: The DEA Abruptly Cut-Off Its App Location Data Contract by Joseph Cox (“The DEA cancelled its contract with Venntel, which obtains granular location data from ordinary apps and sells access to law enforcement agencies.”)