- NJLJ: Editorial: Parking Space ‘Chalking’ Case Raises Questions on Fourth Amendment Jurisprudence
- NE: Expansive SW for cell phone in a shooting case with multiple participants was reasonable
- N.D.Ga.: No REP in a pole camera’s view in a public place
- CA11: Def’s attempt to limit the scope of his consent search shows voluntariness
- OK: State blood draw statute was suspect, but GFE applies
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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: Protective sweep
SC: Three psuedo buys in one day was RS, and the smell of ammonia at his house justified a protective sweep
Defendant’s three purchases of pseudoephedrine in one day was reasonable suspicion that he had a meth lab to support a protective sweep because, when the dwelling door was opened, the smell of ammonia was overwhelming. State v. Kotowski, 2019 S.C. … Continue reading
The search warrant was for a package found right inside the front door. That did not preclude the officers from searching further in the house. Also, a protective sweep incident to execution of the search warrant was proper. Searching inside … Continue reading
The protective sweep went far beyond the requirements of Buie, searching the entire house, and it is ordered suppressed. As to “the inevitable discovery analysis, the Court finds that the Government has failed to demonstrate, by a preponderance of the … Continue reading
“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened … Continue reading
Police surveilled defendant’s home for two hours before he arrived to arrest him. In that two hours, there was nothing that suggested anybody else was in the house. When police arrested him, they conducted a protective sweep which was facially … Continue reading
Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading
The good faith exception cannot be applied to an overbroad protective sweep. [Yet, the court finds the exclusionary rule doesn’t apply for other reasons.] United States v. Garcia, 2019 U.S. Dist. LEXIS 27861 (N.D. Cal. Feb. 22, 2019):
The government’s assertion of need for protective sweep was belied by the delay in getting around to conducting it. The product of the protective sweep made it into the search warrant application, and the product of the warrant is suppressed. … Continue reading
The protective sweep of other rooms had no reasonable suspicion justification under Buie that another person might be present. There were two and they were unreasonable. The product of the walk through made it into a search warrant for the … Continue reading
The bodycam video shows that the entry into the house for a search was by consent of a co-occupant. A cursory search of garage was permitted under protective sweep. United States v. Russell, 2019 U.S. Dist. LEXIS 9977 (S.D. Ohio … Continue reading
The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):