- OR: Def adequately pled 4A and argued substance to preserve issue for appeal
- W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel
- KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana
- Wired: A Location-Sharing Disaster Shows How Exposed You Really Are
- W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation
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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: Dog sniff
Defendant’s stop was with reasonable suspicion based on corroborated informant hearsay. “Because the police were still in the process of writing the traffic ticket when the canine arrived and conducted the sniff, and thus the stop was not unlawfully extended.” … Continue reading
AP: “Man sits in jail when drywall powder is mistaken for cocaine” because a drug dog said it was cocaine
AP: Man sits in jail when drywall powder is mistaken for cocaine: OVIEDO, Fla. (AP) — A Florida man spent 90 days in jail after police officers who stopped him for driving without headlights said white powder found in his … Continue reading
Defendant was stopped for driving 63 in the fast lane of a freeway with a 70 speed limit, and the officer was only going to warn the driver about the dangers of driving too slow in the fast lane. The … Continue reading
OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable
The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading
S.D.Tex.: In not so few words: The bar for a competent drug dog under Florida v. Harris isn’t all that high; essentially: is the dog certified?
Defendant was stopped for driving without headlights during a Hurricane Harvey curfew, and he gave a false name and had no driver’s license. While detained, defendant was showing signs of diabetic distress. He was seated on the curb and he … Continue reading
The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff occurred during the normal processing part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading
IL: Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally”
Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally” [ignoring the fact that the radio call took time away from writing the ticket]. People v. Heritsch, 2017 IL App … Continue reading
N.D.Iowa: Officer’s slow walking issuance of ticket to allow drug dog time to arrive wasn’t objectively unreasonable
The officer’s subjective intent to delay the processing of defendant’s speeding ticket didn’t show that it was objectively slowed down to give time to get a drug dog to the scene to conduct a car sniff before the finishing of … Continue reading
CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading
DE: Typo of month of controlled buy in affidavit for SW could be ignored; totality shows what it really is
The affidavit says that the controlled buy was in the “second half of February 2017” when the search warrant was issued February 1. It’s clear to the court from reading the affidavit as a whole that this is a typo … Continue reading
NPR: Eliminating Police Bias When Handling Drug-Sniffing Dogs by Martin Kaste: Police dogs searching for drugs sometimes find them when they’re not there. Some people want to eliminate the influence of their handlers’ beliefs to make it more fair.
Calling for a drug dog during processing the paperwork of a traffic stop that produced a dog sniff before the stop was over was reasonable. United States v. Harry, 2017 U.S. Dist. LEXIS 174689 (N.D. Iowa Oct. 23, 2017), adopted, … Continue reading