- MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search
- N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE
- D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief
- TX2: No exigency shown for warrantless blood draw in DUI case
- CA3: Frisk was justified by RS and plain feel of drugs resulted
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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: Warrant execution
Ohio’s rule that a search warrant be executed in three days doesn’t include weekends. State v. Seaburn, 2017-Ohio-7115, 2017 Ohio App. LEXIS 3241 (3d Dist. Aug. 7, 2017). Defendant’s jaywalking stop didn’t justify a patdown where defendant wasn’t even asked … Continue reading
Trump team lawyer doesn’t understand search warrant process, from Trump lawyer John Dowd: Robert Mueller’s team using tactics employed ‘in Russia not America’ by Anna Giaritelli in the Washington Examiner:
N.D.Ala.: Taint team not required for this document and ESI search, and that part of process vacated
The USMJ’s requirement of a taint team to review the materials seized in execution of the search warrant is unnecessary in this case and not required by the Fourth Amendment, and it is set aside. United States v. Sealed Search … Continue reading
NYLJ: Executing Search Warrants in the Digital Age: ‘United States v. Wey’ by Robert J. Anello & Richard F. Albert:
CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable
The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading
W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized
The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading
The Facebook warrant was not overbroad, and it was consistent and less intrusive than a Facebook warrant previously approved by the Ninth Circuit in Flores. That which was nonresponsive to the warrant was previously ordered segregated and sealed, and the … Continue reading
A drug raid on a convicted sex offender’s place found him with a half-naked 16 year old under the bed. She lied about her name and age, so the officers used their search warrant authorizing a search of cell phones … Continue reading
A search warrant for defendant’s blood was issued in Lewis County, but defendant was moved to Perry County for the blood draw. The search warrant had no effect in Perry County. State v. Nunnery, 2017 Tenn. Crim. App. LEXIS 622 … Continue reading
CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation
Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading