- Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections
- PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required
- GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it
- W.D.Wash.: iCloud SW temporal limit was impractical
- D.Nev.: “Seeming[ly] strategic activation and deactivation of the body camera” leads to finding of no consent
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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: Reasonable expectation of privacy
Despite being a gunshot victim and gunshot injuries being reported to police, defendant had a reasonable expectation of privacy in the emergency room from officers coming in to search his pants pockets. People v. Pearson, 2021 IL App (2d) 190833, … Continue reading
A probationer wearing a GPS ankle monitor has no reasonable expectation of privacy in the information that linked him to an armed robbery while he was on probation. State in the interest of T.B., 2021 La. App. LEXIS 188 (La. … Continue reading
Defendant had no objective reasonable expectation of privacy in an apartment he wrongfully entered and assaulted the occupant. A black case he kept there had a subjective expectation of privacy but not an objective one. United States v. John, 2021 … Continue reading
“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading
There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading
A rehabilitation center resident’s son put a video camera in his father’s room because of the father’s concern that “strange things” were happening there at night. The resident wanted his son to stay there but he couldn’t because of his … Continue reading
On the totality under the state constitution, defendant had a reasonable expectation of privacy for a pair of wet boots hidden in a utility closet in an apartment building’s vestibule closet. He manifested the expectation of privacy by his actions, … Continue reading
CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment
The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading
“This appeal requires us to decide whether the government needed a warrant to obtain a criminal suspect’s email address and internet protocol addresses from a third party’s business records. It also requires us to decide whether probable cause supported a … Continue reading
NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property
When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading
E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP
Defendant was in a motel room coming out of the shower when the police came in. His own assertion he was an overnight guest for the previous two nights alone was insufficient to show his standing. United States v. McDaniels, … Continue reading
The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading
Defendant had taken a car from a friend, and the car had a GPS installed by agreement between the owner and the finance company. The car owner didn’t know whether it had been stolen, and reported it to the police. … Continue reading
Defendant’s subjective expectation that communications on Chatstep were private isn’t enough for a reasonable expectation of privacy. United States v. Rosenschein, 2020 U.S. Dist. LEXIS 211433 (D.N.M. Nov. 12, 2020):