- CA9: UA in prison is reasonable
- Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force
- Gizmodo: Law Enforcement Is Buying Its Way Into Our Breaches
- MT: Field test of seized drugs is a reasonable search
- CA11: Govt waives abandonment by not pleading it in the district court
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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: Emergency / exigency
IN: Def’s sitting inside in front of open door visible outside had reduced REP compared to exigency for his arrest
Defendant’s door was wide open, and officers could see him sitting inside directly in front of the door. They had an arrest warrant for him. Based on the “particular facts” here, officers had exigency combined with defendant’s reasonable expectation of … Continue reading
Exigency justified entry of a hotel room to freeze it against destruction of evidence. “Lakedon, the registered occupant of the room, answered the door while engaged in a conversation on her cellphone. The reasonableness of Officer Thul’s concern is apparent. … Continue reading
“Given that the Defendant admitted that he had used the laptop to view child pornography previously, it appears beyond dispute that Couch had such probable cause. … [¶] Defendant instead argues that the Government failed to prove that an exigent … Continue reading
Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant’s door was reasonable, as was ordering him to open … Continue reading
The court finds no consent but probable cause and exigent circumstances from ongoing sexual abuse of a 13 year old girl. “In the analysis that follows, the Court considers the circumstances confronting the officers at the moment they entered Hernandez’s … Continue reading
Starting a fire during a police standoff is an exigent circumstance permitting a police entry after the fire was put out. “The entry and search occurred immediately after firefighters extinguished the fire that defendant had set during a standoff with … Continue reading
Police responded to a domestic disturbance call and found defendant’s wife injured and distraught. They entered the house without an arrest or search warrant to find defendant, and he was in bed. They asked him to show his hands to … Continue reading
CA2: Police actions showed warrantless entry wasn’t for emergency purposes sufficient to create jury question
Decedent was a mentally ill veteran who accidentally activated an at home alarm and police responded. He was ultimately shot and police came in, not responding to a wounded man but as a criminal. There was a plausible claim that … Continue reading
“On this record, Reynolds has not shown that the search of his room was illegal. The officers did not enter it until they had a valid warrant. For the sake of completeness, the Court also finds that entering Reynolds’s room … Continue reading
E.D.Ky.: It was reasonable for officers to open a car door when the driver was parked and unresponsive
Defendant’s car was parked on a Waffle House parking lot from 2-5 am with the headlights on, and it was reasonable for officers to check on the car. Inside was defendant who didn’t respond to them, and it was reasonable … Continue reading
A Montana DTF was tipped off to defendant bringing a cache of heroin to a motel to distribute. Officers set up surveillance and recognized local drug dealers coming and going. They called for uniformed backup and attempted a knock-and-talk which … Continue reading
Officers had an objectively reasonable basis for an entry and sweep under the emergency aid exception. Defendant was reportedly suicidal, wasn’t communicating at first, and then strange sounds were coming from where he was. “Based on these troubling circumstances, the … Continue reading
“Here, the trial court made credibility determinations based on the testimony of multiple officers involved in defendant’s arrest and found that officers lacked probable cause to search defendant’s residence. Furthermore, observation that defendant’s home had security cameras failed to amount … Continue reading
Officers responded to a medical emergency at the entryway of defendant’s house. They ended up conducting a protective sweep for which there was no justification whatsoever. The firearm found in the protective sweep is suppressed. United States v. Gonzalez-Martin, 2020 … Continue reading
An email search warrant signed by the issuing judge on a tablet with the SignNow app was valid. United States v. Lantzy, 2020 U.S. Dist. LEXIS 50057 (E.D. Mich. Mar. 24, 2020). “We conclude that the circumstances here were such … Continue reading
NM: “Is there anything on your person that I should know about?” is subject to Quarles public safety exception
A question about anything on defendant’s person was subject to Quarles public safety exception. “While Defendant was in custody, but before he was advised of his Miranda rights, an officer asked him, ‘Is there anything on your person that I … Continue reading