- TX13: Unsatisified state requirement issuing magistrate’s name be clearly stated warranted suppression
- NM: Reserve deputy’s stop of suspected DUI to call for a deputy was a reasonable minor intrusion
- W.D.Ky.: A customer leaving def’s house with a lot of drugs was nexus to def’s house
- NY3: Def counsel was ineffective for not objecting to SW affidavit coming into evidence full of inadmissible informant hearsay
- CA4: More than one person can have authority to issue command authorized search under Mil.R.Evid. 315(d)
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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
Defendant’s motion to suppress drugs seized after a traffic stop because of the scope of the detention was denied, given that the original purpose of the stop was not yet complete when the officer inquired about defendant’s travel plans and … Continue reading →
House sitter and dog watcher had no reasonable expectation of privacy in the house he was watching. Officers at the door could also see drugs on the table from the door. He had no standing: “In sum, it is not … Continue reading →
A request for consent for a DNA swab is not an interrogation. “By making this request, Weinhardt was asking Tench to consent to a search. But ‘a request to search does not amount to interrogation.’ United States v. Smith, 3 … Continue reading →
OH11: Def was reasonably believed to be a resident in motel room, not a visitor, so arrest warrant permitted entry
Officers had reason to believe that defendant was a resident in the motel room, not a visitor, so an arrest warrant was enough for officers to enter. State v. Hughes, 2018-Ohio-5069. 2018 Ohio App. LEXIS 5384 (11th Dist. Dec. 17, … Continue reading →
Defendant had standing as an overnight guest, but he was subject to the consent of the owner. Here, the owner did. Doleman v. State, 2018 Ga. LEXIS 791 (Dec. 10, 2018). Defense counsel wasn’t ineffective for embracing the fact that … Continue reading →
N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form
The officer used a smartphone translation application which has been disapproved of by other courts. Here, however, defendant also got a form in correct Spanish, and that overcame the use of the app. United States v. Salemi-Nicoloso, 2018 U.S. Dist. … Continue reading →
WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked
The body camera video showed neither exigency nor consent for the entry into defendant’s apartment. Silently going along with the officer’s several directives, not requests, didn’t show that defendant consented. Even if defendant had consented, the attempt to close the … Continue reading →
Defendant’s consent was voluntary on the totality. “There is no evidence that the detectives coerced the defendant into signing the consent form and the defendant offered no evidence to the trial court that conflicted with Lombardi’s testimony regarding the facts … Continue reading →
Consent to “look around the home” is broad consent. “Here, Special Agent Kovach asked Defendant if he minded if the ATF agents looked around the Home, to which Defendant replied, ‘No.’ … Special Agent Kovach’s search request was broad, and … Continue reading →
Defendant’s co-tenant consented to a police entry for a domestic abuse investigation, and then defendant later objected. Randolph does not limit the ability of the police to protect domestic abuse victims. Once inside, a protective sweep was permissible, too. Police … Continue reading →
D.Conn.: Use of a partial ruse to get in the door quickly turned to the subject of the investigation; consent was voluntary on totality
Defendant was under investigation for attempting to buy a firearm as a convicted felon in a gun store. The police came to visit him and used the excuse of defendant’s prior assault claim. It was somewhat misleading when they got … Continue reading →
CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required
Defendant’s wife had a seizure and stopped breathing at 5 am. He called 911. The police secured the home and denied him access. They obtained alleged consent after a few hours. They didn’t get a search warrant until 10 pm … Continue reading →