- W.D.Va.: Def counsel’s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM
- N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS
- W.D.Wash.: Govt showed cause to deny return of property until 2255 was over in case of retrial
- NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house
- S.D.Tex.: Immigration stop 56 miles from border was without RS
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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: Consent
PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff
Defendant’s consent to two officers to conduct a search of his car didn’t extend to a dog sniff, too, because there wasn’t a dog there at the time, and that would be the common understanding. Commonwealth v. Valdivia, 2018 Pa. … Continue reading →
Defendant was on the state sex offender registry, and he was subject to compliance checks. Six officers from two agencies came to his house for his compliance review and they talked to him. They were lawfully on the premises under … Continue reading →
E.D.Mich.: City DPW employee had REP in backpack in a city work vehicle; city couldn’t consent to its search
Defendant had a reasonable expectation of privacy in her backpack in a city work vehicle despite a city policy that city work vehicles can’t be used for illegal purposes. Consent to search the backpack could not be given by defendant’s … Continue reading →
CA10: Deception def was victim of ID theft didn’t make encounter less consensual; officers really wanted to talk about CP
Officer’s deception defendant was the victim of online identify theft did not make his consensual encounter with the officers involuntary. Then they told him it was about child pornography. United States v. Dates, 2018 U.S. App. LEXIS 27983 (10th Cir. … Continue reading →
Officers investigating a sex offense had plenty of reasonable cause for a search warrant. Officers were watching the house and stopped defendant after he left and they got him to return to the place of the search in his own … Continue reading →
Officers had a search warrant for a house and garage. A car found in the garage could be searched under the warrant. State v. Lucas, 2018 Ind. App. LEXIS 347 (Oct. 1, 2018). The search warrant didn’t describe firearms and … Continue reading →
N.D.Ga.: While the question is close, consent was voluntary on the totality; it was asked for, not coerced
Officers were in the house and finally asked for permission to search. While the question is close, the court finds consent was voluntary on the totality. United States v. Avellaneda-Dimas, 2018 U.S. Dist. LEXIS 161865 (N.D. Ga. July 24, 2018),* … Continue reading →
The search of defendant’s purse was by consent. She was stopped at the Albuquerque Greyhound station by the DEA and asked twice for consent to search her purse, and he asked why. Finally, the DEA agent asked if she could … Continue reading →
Defendant’s alleged consent at the I-19 checkpoint in Arizona was involuntary. She was on a bus that was stopped, she was seized, she could not leave the secondary checkpoint, the CBP agent followed her, “when Ms. Rodriguez hesitated or became … Continue reading →
A suppression hearing is a critical stage, and defendant’s being forced to go through a suppression hearing without counsel violated the Sixth Amendment. Shabazz v. State, 2018 Ark. App. 399, 2018 Ark. App. LEXIS 499 (Sep. 5, 2018). Defendant’s consent … Continue reading →
A rape victim’s claim that defendant took her to his house and raped her then took her to school was probable cause for a search warrant for the house. Whittaker v. State, 2018 Miss. App. LEXIS 409 (Aug. 28, 2018). … Continue reading →
“The grandmother merely acquiesced to the authority of the officers, as the record reflected that, after the child was pronounced dead, numerous members of law enforcement responded to the residence in order to investigate the death of the child without … Continue reading →