- Reason: Volokh Conspiracy: New Cert Petition: Does the Fourth Amendment Allow “Information Seeking” Stops of Suspects?
- WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show
- MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide
- ND: Refusal for BAC test came after SW and not from impled consent law
- MA: No objective basis for officers to believe exigency occurred at premises of 911 call to support a warrantless entry
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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: Emergency / exigency
MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide
There was objective probable cause for a warrantless search of defendant’s hands for potential DNA in a murder case because it was easily destructible. There was also sufficient probable cause for a search warrant for his apartment for further evidence … Continue reading
MA: No objective basis for officers to believe exigency occurred at premises of 911 call to support a warrantless entry
Officers had no objective basis to believe that there was an exigency for entry into defendant’s premises. There was a 911 call but nothing at the scene, including talking to people there, supported any inference that anything was wrong there. … Continue reading
Warrantless realtime CSLI for exigency did not violate Carpenter. Indeed, exigencies are contemplated by Carpenter. [Aside from the fact Carpenter came after all this happened.] Defendant also consented to other seizures. United States v. Saemisch, 2019 U.S. Dist. LEXIS 32706 … Continue reading
D.N.M.: Meth possession is a ‘serious crime’ for purposes of a warrantless entry into a home for the destruction-of-evidence exception
The court “will not suppress the evidence obtained pursuant to the BCSO deputies’ search. The Court agrees with the United States’ contentions that the BCSO deputies acted reasonably when they entered Cruz’ home without a warrant, because they satisfy the … Continue reading
CA1: Potential for immediate destruction of evidence in this case permitted entry onto the curtilage to check def’s truck
Defendant was accused of traveling from New Hampshire to Maine to shoot his wife after breaking in the house she was staying in. Officers in Maine reported to New Hampshire police the shooting, and they went to defendant’s house. They … Continue reading
An exigent circumstances cell phone ping was not prohibited by Carpenter. United States v. Andrews, 2019 U.S. Dist. LEXIS 26283 (D. Minn. Feb. 20, 2019):
The affidavit for a search warrant for a third person’s home where defendant spent a lot of time was deficient on showing nexus and defendant’s connection to it, but it otherwise showed probable cause. Actually, right after three controlled buys, … Continue reading
A missing person report which included no birthday call for the only time in the person’s life with a house in disarray here justified a warrantless entry into the house to see what was going on. The entry was valid … Continue reading
NM retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law
New Mexico retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law. It rejects that part of Brigham City v. Stuart under state constitution. State v. Yazzie, 2019 N.M. LEXIS 2 (Jan. 24, … Continue reading
CA4: Once def knew he was target of a child porn investigation, exigency for seizure of cell phones was apparent
In interviewing the defendant about possible possession of child pornography, his answers created exigent circumstances for seizure of his cell phone because he was well aware of what he was accused of and could then destroy evidence. The two day … Continue reading
Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading
Police responded to a call about suspected animal abuse and a beating of a dog. When the officer arrived he could hear the beating, and he came into the backyard and saw a bloodied dog with his tongue out. The … Continue reading