- Law360: Biden’s Embrace Of Border Tech Raises Privacy Concerns
- PA: Search of cell phone well after seizure under SW outside time limits was still timely
- ABA: Litigation: Overbroad Searches and Seizures: Google Customer Data Stored Outside of Gmail
- M.D.Pa.: Doctor had no REP in hospital’s patient records
- D.N.H.: Jardines implied license to approach front door doesn’t extend to back patio
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Fourth Amendment cases,
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--Electronic Communications Privacy Act (2012)
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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
An Oakland officer’s accessing the local Automated License Plate Reader (ALPR) database was not an illegal search nor a violation of the Fourth Amendment. That information helped to provide information to enable police to apply for a GPS tracking warrant … Continue reading
Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading
CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP
CA2 en banc, summary by the court (8-3): “This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts … Continue reading
NJ Const. protects right of privacy in detainee’s private call from police station on unwarned recorded line
The state constitution protects against surreptitious recording of a telephone line from within a police station of a suspect where there was no warning and he was allowed into a room alone to make a call. State v. McQueen, 2021 … Continue reading
The third-party doctrine should not be mechanically applied to MBTA (CharlieCard) fare card information under this court’s precedents. Nevertheless, there was no subjective reasonable expectation of privacy in the information. It only tracked his movements on the transit system, not … Continue reading
There is no reasonable expectation of privacy in Facebook posts, no matter who reads them, “friend” or not. Defendant posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. … Continue reading
Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:
Extended pole camera surveillance not a Fourth Amendment violation. United States v. Tuggle, 2021 U.S. App. LEXIS 20841 (7th Cir. July 14, 2021). If you have a pole camera case, you need to read this. What follows is part of … Continue reading
There was no reasonable expectation of privacy in mental health information voluntarily provided to a social worker. It become a third party record. Stiggle v. Reichard, 2021 U.S. Dist. LEXIS 128977 (D. Conn. July 12, 2021). “[T]here is no case … Continue reading
Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading
“Plaintiffs’ Fourth Amendment theories are without merit. The information sought by the Ordinance’s annual reporting requirement-including a given unit’s address, monthly rent, and other details routinely found in a ‘for-rent’ advertisement–does not give rise to a reasonable expectation of privacy. … Continue reading
A massage parlor is a closely regulated business under New York v. Burger, and it has been for 40 years. The operators thus had no reasonable expectation of privacy against inspections. Killgore v. City of S. El Monte, 2021 U.S. … Continue reading
“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading
Defendant had no reasonable expectation of privacy or due process right in a civil deposition subject to a protective order obtained by search warrant from the law firm. Her argument that she would have taken the Fifth if she thought … Continue reading
Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP
Defendant’s cameras on their own property, including a Nest camera, that was intended to record plaintiffs’ loud parties did not invade their reasonable expectation of privacy, even if the Nest camera enhanced sound. Mezger v. Bick, 2021 Cal. App. LEXIS … Continue reading
Defendant had a reasonable expectation of privacy in his wheelchair where he’d hidden a gun. The automobile exception doesn’t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the … Continue reading
“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ … Continue reading
There is no reasonable expectation of privacy in text messages defendant sent to an undercover federal officer posing as a prostitute, despite Montana’s enhanced right of privacy under its state constitution. State v. Staker, 2021 MT 151, 2021 Mont. LEXIS … Continue reading