- CA11: PC or not, the warrantless entry to arrest ptf violated the 4A
- N.D.W.Va.: One officer can swear to an affidavit prepared by another under the 4A
- WA: Breath for BAC is not subject to search incident doctrine
- Philadelphia Inquirer: As Philadelphia aims to curb racial disparities, why are police stops of black drivers skyrocketing?
- WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000.
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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
Plaintiff’s Airbnb tenant suffered a theft, and he had the authority to consent to an entry by police to investigate it. Wonsey v. City of Chicago, 2019 U.S. App. LEXIS 30651 (7th Cir. Oct. 15, 2019).* The officer didn’t prolong … Continue reading →
Defendant was Mirandized, and she lawyered up. She was presented with a consent form for her cell phone with the understanding that if she didn’t consent they’d get a search warrant. She didn’t ask for a lawyer, and she consented. … Continue reading →
Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading →
NE: After stop concluded, “[H]ey, before you go, do you have a minute to talk to me?” led to consensual extension of stop
The officer, in effect, told defendant she was free to leave, but he kept talking. “Second, VanWinkle did not require compliance with her request. VanWinkle asked, ‘[H]ey, before you go, do you have a minute to talk to me?’ The … Continue reading →
Defendant’s papers didn’t show that he had a reasonable expectation of privacy in a package that arrived on June 5th. His name wasn’t on the package as sender or receiver, the package arrived June 6th, and he didn’t say he … Continue reading →
The government obtained defendant’s cell phone from somebody else using it while he was in jail, and they sought a search warrant which was denied. Later they searched the phone and claimed defendant had no standing. The court finds defendant … Continue reading →
Defendant consented to a search of his motel room, and he was twice told he had the right to refuse a consent search. State v. Savage, 2019 Tenn. Crim. App. LEXIS 582 (Sept. 19, 2019). Defendant wasn’t seized when he … Continue reading →
D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A
The Coast Guard boarded a Bahamian ship when it arrived in port in Delaware to inspect its potential for oil discharge and pollution. At issue was the oily water separator which was observed in operation, and this led to the … Continue reading →
“Second, Harris asserts that the inconsistencies between Gilbert’s and Wilbanks’s testimony undercut the district court’s credibility finding. This is a steep hurdle for Harris because the district court is ‘in the best position to judge credibility’ and we will not … Continue reading →
The state’s motion to the trial court to reconsider its suppression order was denied. In the meanwhile, the time to seek interlocutory appeal of the suppression order lapsed. Appeal dismissed. State v. Fahringer, 2019 Ind. App. LEXIS 404 (Sept. 12, … Continue reading →
the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures
the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures by Amy Martyn:
OH2: Def taken to hospital for mental eval couldn’t have clothes inventoried by police because of lack of arrest
Defendant was detained and taken to a hospital for a mental evaluation. He was made to change into hospital clothing, and his clothes were placed in a hospital property bag. The police inventory of the bag wasn’t justified because defendant … Continue reading →