- S.D.N.Y.: Govt subpoena to photograph gang tattoos of incarcerated def not violation of 4A or 5A
- E.D.Mich.: Def lacked standing in a hotel room he occasionally frequented but hadn’t been in for 17 days
- N.D.W.Va.: Delay in initiating protective sweep was reasonable because officer was waiting for backup
- IN: Even if admitting SW affidavit at trial was error, it was harmless based on all the evidence
- NPR: Calif. Gov. Newsom Expected To Sign Bill Limiting Police Use Of Deadly Force
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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: Consent
N.D.Ga.: Officer’s SW affidavit that said def could be ID’ed from his tattoos without seeing his face wasn’t false
Defendant was ID’ed by the police from surveillance videos, and it was a false statement that they could ID him without seeing his face. The search warrant to photograph his tattoos was issued with probable cause. United States v. Mitchell, … Continue reading →
D.Ore.: Rental car company can’t be a third-party consenter just because def was unauthorized driver
Defendant was an unauthorized driver of a Dollar rental car. When he was stopped, the officer called Dollar, and they wanted the car repossessed. The court finds that the car rental company cannot be a third-party consenter to a search … Continue reading →
E.D.Mich.: 2255 IAC challenge to warrant completely contradicted by record of conviction and appeal [this was farfetched]
Defendant’s 2255 Fourth Amendment/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn’t be ineffective for not coming up with that. United States v. Fonville, 2019 … Continue reading →
N.D.Ohio: Officers knew def had CP on cell phone; finding cell phone in plain view permitted seizure
Even assuming the search warrant covered only under the roof, defendant’s cell phone was found in plain view on the driveway and it’s incriminating nature was already known to the officers, therefore, readily apparent. United States v. O’Neill, 2019 U.S. … Continue reading →
Defendant’s post-conviction petition seeking to apply Carpenter is denied. It’s a successor petition and untimely, and Carpenter isn’t shown to be retroactive. State v. Teitelbaum, 2019-Ohio-3175, 2019 Ohio App. LEXIS 3268 (10th Dist. Aug. 8, 2019).* Defendant consented to talk … Continue reading →
WA: EMTs would be medicating and intubating def in transit after car wreck, and that’s exigency for warrantless blood draw
Defendant was in a bad wreck and the first responders could smell alcohol. He was going to be medicated and intubated for transport to the ER. A warrantless blood draw was reasonable for exigent circumstances because the sample would have … Continue reading →
VT: Flagging down def in driveway while officer on welfare check call was consensual stop; led to DUI arrest
A state trooper went to defendant’s house for a welfare check on a person, and pulled in the driveway and started toward the house. A car was coming down the driveway and he waved for the car to stop so … Continue reading →
OH10: Def’s stop turned from consensual to a seizure when the officer saw a baggie of drugs in his hand
Defendant and another were encountered by police after coming out of a drug house. The encounter was consensual until defendant tried to walk away, but the officer had already seen a baggie of drugs in his hand by plain view. … Continue reading →
Defendant was a regular at the Americas bridge port of entry at El Paso being a community college student and an El Paso Walmart employee. One time, he rejected sending his car through the x-ray machine, and his cell phone … Continue reading →
Defendant’s consent was involuntary. He refused consent and the officers kept asked him three times to get him to agree. United States v. Clark, 2019 U.S. Dist. LEXIS 126985 (D. V.I. July 30, 2019). Defendant on the totality consented to … Continue reading →
There was probable cause for defendant’s arrest. “Ruffin offers a parade of what-ifs in response” to that, but they’re all questions for the jury on guilt beyond a reasonable doubt, not probable cause. United States v. Ruffin, 2019 U.S. App. … Continue reading →
Obstruction conviction reversed: “[T]here is no statute or case law that stands for the proposition that lying to law enforcement officers during a consensual encounter, or failing to admit them to one’s home on request, constitutes an obstruction of justice … Continue reading →