- CA3: Frisk was justified by RS and plain feel of drugs resulted
- Bill of Rights Day — 226 years ago today the Bill of Rights was ratified
- CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises
- CA1: SW affidavit’s misstatements were careless at worst and not material to finding of PC
- D.Neb.: Consent derived from smartphone app Spanish translation was voluntary on totality
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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
In a traffic stop, the officer saw credit cards with a male name but a female operating the car. “Upon asking the owner about the person named on the cards, the owner denied knowing that person or being the owner … Continue reading →
It was objectively reasonable for officers to believe that the consent form defendant signed applied to the apartment searched. There were two buildings on the property, and he was in an apartment with a different mailing address. The consent form … Continue reading →
Defendant’s parole search condition extended to a car he borrowed. After all, he had sufficient connection to the car to have standing to challenge a search. United States v. Meaux, 2017 U.S. Dist. LEXIS 189415 (W.D. La. Oct. 27, 2017), … Continue reading →
MT: Element of offense that other state’s offense be similar to MT’s doesn’t have to be proved for PC
The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue … Continue reading →
OH3: Witnessing man walk up to passenger window and reach inside then leave seen from 100 yds away was speculation of a hand-to-hand drug transaction; no RS
The officer was located one hundred yards away from defendant’s car, and he saw a pedestrian walk up to the car, reach inside, turn around, and walk away. The officer could not determine whether an exchange had occurred between the … Continue reading →
NC: Consent sought while officer holding DL wasn’t voluntary because here it was an unlawful seizure
“Defendant’s main argument appears to be that when Officer Sletten failed to return defendant’s identification after finding no outstanding warrants and after the initial reason for the detention was satisfied, he instead requested defendant’s consent to search, the seizure was … Continue reading →
“In this case, exigent circumstances justified the officers’ warrantless entry into Appellant’s house. The evidence adduced during the suppression hearing demonstrates that on the evening in question, police officers received reports of someone screaming, someone bleeding, and someone with a … Continue reading →
The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was … Continue reading →
Cal.6th: Inventory wouldn’t permit removal of dashboard, but finding drugs during inventory turned into probable cause for a search
Defendant’s car had cocaine hidden in a compartment behind the dashboard. Normally, an inventory search would not permit removal of car parts to conduct it. Here, however, the officer found cocaine under the seat during the inventory, and that was … Continue reading →
NY4: Officers rearranged things to photograph them during a consent entry and plain view didn’t vitiate the PC
Defendant’s wife called 911 to report a possible burglary, and police were invited in. In the house they did a protective sweep, and they saw likely evidence of dogfighting: a caged injured dog, a treadmill modified for dogs “and apparent … Continue reading →