- St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis
- CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed
- CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas
- CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offender
- DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”
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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: Exclusionary rule
Defendant contended that the officer executing an invalid state arrest warrant had a duty to verify the validity of the warrant before executing it. He didn’t, and the officer acted in otherwise good faith. Therefore, the exclusionary rule would not … Continue reading
CA5: Alleged violations of the Posse Comitatus Act must be “widespread and repeated” to justify suppression
Alleged violations of the Posse Comitatus Act, here by AFOSI, must be “widespread and repeated” to justify suppression. Defendant didn’t show this was. United States v. Salinas, 2020 U.S. App. LEXIS 28616 (5th Cir. Sept. 9, 2020). “A detective assigned … Continue reading
CA9: Unjustified emergency entry didn’t become justified by learning of a supervised release search waiver
The officers’ warrantless entry into defendant’s home thinking he needed emergency assistance wasn’t justified. They took him out. They found he had a supervised release search waiver on file which they didn’t know about before. They reentered and searched under … Continue reading
Defendant’s new crime during alleged illegal detention will not be suppressed. Here, he doesn’t even plead enough to get a hearing. People v. Chavez, 2020 Cal. App. LEXIS 858 (2d Dist. Sept. 10, 2020). There was a substantial basis for … Continue reading
The officers’ entry into defendant’s home was illegal and the drug evidence should have been suppressed. Defendant’s assault on the officers, however, would not be suppressed because it was a separate crime. Commonwealth v. Schneider, 2020 Pa. Super. LEXIS 775 … Continue reading
“As noted above, however, some of these alleged omissions and misstatements are simply not supported by the record. And, the omissions that are supported by the record were not material given the strength of the evidence supporting a finding of … Continue reading
The district court concluded defendant had no standing to challenge a tribal police search of the curtilage of his grandmother’s house where he was an overnight guest. Assuming, without deciding, he has standing, there was clear and obvious exigency for … Continue reading
A jurisdictional claim to issue the warrant was waived below well before the guilty plea. People v. Mitchell, 2020 NY Slip Op 04029, 2020 N.Y. App. Div. LEXIS 4188 (4th Dept. July 17, 2020). It’s settled that the exclusionary rule … Continue reading
This late night stop was reasonably extended because the driver didn’t have a DL on him and there appeared to be a digital scale on the floor. United States v. Henry, 2020 U.S. Dist. LEXIS 115939 (D. Minn. May 20, … Continue reading
“In any event, even if it is assumed arguendo that an attempted seizure could in fact trigger the Fourth Amendment, Ferguson has failed to show that the attempt to detain him for an investigatory Terry stop was not supported by … Continue reading
FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule
FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading
M.D.Fla.: Exclusionary rule applies to overseizure of tracking information, but blanket suppression not required
There was probable cause for issuance of historical cell phone tracking information and connecting defendant to the phone. The affidavit, however, only sought information for one day, but the warrant covered seven days. The overseizure is suppressed because the exclusionary … Continue reading
It was not clearly established that a County of Riverside violation of allegedly delaying a probable cause determination to gather more evidence was subject to suppression. Even Riverside doesn’t say that it is. Thus, the district court’s determination counsel wasn’t … Continue reading
D.N.M.: Vehicle already searched under the automobile exception can be searched again at police station
A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020). The Texas trial court didn’t err … Continue reading
“The fact that Detective Nance searched portions of the vehicle more than once did not violate the Fourth Amendment.” Mendoza v. United States, 2020 U.S. Dist. LEXIS 68469 (E.D. Tex. Apr. 20, 2020). The exclusionary rule does not apply in … Continue reading
This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading