- S.D.Tex.: Third Leon test essentially shores up PC here
- WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes
- OH8: 4A IAC claim requires defendant allege and offer proof of standing
- CA5: Minivan and FedEx truck meeting up twice in commercial parking lots at 2am when FedEx is never there is RS
- D.Utah: Officer apparently still had DL when consent sought; motion to suppress granted
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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)
Category Archives: Consent
D.Kan.: Consent to USM was to search for wanted man, and continuing search after finding him exceeded consent
Defendant’s consent was explicit: to search his house for a wanted man. When that man was found, the search had to end. Motion to suppress granted because officers exceeded the consent. United States v. Nelson, 2017 U.S. Dist. LEXIS 164992 … Continue reading →
The conditions of periodic urine testing imposed on the defendants as a condition of pretrial release for DUI were invalid under the state constitution because the defendants did not suffer a diminution in their privacy interests sufficient to justify the … Continue reading →
An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading →
When defendants were stopped for a traffic offense, reasonable suspicion arose that neither was a licensed driver when they produced only ID cards. Where the car was registered to both the driver and passenger, either could be asked for consent. … Continue reading →
Officer’s false assertion they had a warrant for defendant made the third party consent here invalid under the Fourth Amendment as mere submission to a claim of authority. “Moreover, Judy P.’s response — ‘I don’t have a choice’ — empirically … Continue reading →
Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 … Continue reading →
Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading →
The extension of the stop here was based on reasonable suspicion from two CIs. The alert of a drug dog with 90% accuracy is probable cause. A recording of CI’s telephone call between him and defendant is suppressed because the … Continue reading →
CI’s conversations with the defendant coupled with the officer’s observations was probable cause. United States v. Ray, 2017 U.S. App. LEXIS 15827 (3d Cir. Aug. 21, 2017).* Defendant’s stop wasn’t prolonged at the point he was asked whether he had … Continue reading →
CA6: Def consented to search of person when he came out of bathroom and was accosted by two officers
“Perhaps the last thing one usually expects when exiting the bathroom is to find a police officer on the other side of the door. However, such was the situation Tremaine Cowan discovered when he exited the restroom of a private … Continue reading →