- St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis
- CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed
- CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas
- CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offender
- DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”
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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
A 911 burglary call by defendant’s neighbor led to police coming to the house, and the police entered to look for suspects. This was a reasonable entry based on exigency. United States v. Booth, 2020 U.S. App. LEXIS 28377 (9th … Continue reading
The trial court erroneously held that there was an objective basis for finding probable cause to enter defendant’s apartment for a welfare check. There wasn’t. There had been an altercation in the laundry room. The fact his car was parked … Continue reading
Alleged false statement to get an arrest warrant overcame qualified immunity. Tlapanco v. Elges, 2020 U.S. App. LEXIS 25595 (6th Cir. Aug. 12, 2020). The state failed to show exigent circumstances excused obtaining a search warrant for defendant’s BAC. Commonwealth … Continue reading
A Park Ranger in Acadia National Park in Maine followed Maine law to get a blood sample without a search warrant. There were no exigent circumstances, and the blood sample is suppressed. United States v. Manubolu, 2020 U.S. Dist. LEXIS … Continue reading
“In this case, the police had information that there might be armed men holding a woman in an apartment against her will. In the circumstances presented here, so long as the officers had ‘an objectively reasonable basis to believe’ that … Continue reading
The district court concluded defendant had no standing to challenge a tribal police search of the curtilage of his grandmother’s house where he was an overnight guest. Assuming, without deciding, he has standing, there was clear and obvious exigency for … Continue reading
Police approach to defendant’s house at 3:30 am was reasonable because it was based on a domestic violence report to check on his wife. “Finally, Jardines, King, and Manzanares do not apply here. The Officers did not search Mr. Martinez’s … Continue reading
The police had a reasonable belief defendant had used a sawed off shotgun to threaten someone and that it was likely in his backyard. They waited for him to reappear to attempt to recover the gun, and when he did, … Continue reading
ICE entry onto appellant’s curtilage to arrest him was not an egregious violation of the Fourth Amendment, the court applying qualified immunity language to show it wasn’t. “At the time of the entry, no binding authority held that an officer’s … Continue reading
Police having defendant’s cell phone pinged to find him after a stabbing he was alleged to have done in a populated area was with exigent circumstances and reasonable. People v. Bowen, 2020 Cal. App. LEXIS 659 (1st Dist. July 15, … Continue reading
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