- CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint
- E.D.Cal.: Alleged search of a public computer in a library for ptf’s usage didn’t violate any REP
- W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports
- D.Mass.: Def made his Franks challenge at the suppression hearing; statement was reckless and completely undermined nexus to house
- IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law
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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
Exigent circumstances existed which justified the warrantless draw of defendant’s blood. “The accident occurred at approximately 1:30 a.m. on May 8, 2016. After his initial contact with Appellant, Officer Lewis was unable to investigate further due to Appellant’s condition. Emergency … Continue reading
Police discovered defendant may have been involved in a quadruple homicide, and they submitted an exigent circumstances request for his CSLI for the four days around the homicide, and that put him there. His motion to suppress the CSLI was … Continue reading
Exigent circumstances in finding a shooter at a school bus stop necessitated the officers pinging the cell phone to locate the shooter. Defense counsel wasn’t ineffective for not challenging the search because it would have failed. Barton v. State, 2018 … Continue reading
FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW
Exigent circumstances justified a warrantless blood test because defendant’s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced … Continue reading
N.D.Iowa: Admissions about one’s own drug use to police during 911 call about unresponsive woman were RS
Police and EMTs responded to a 911 call about an unresponsive woman who later died. At the scene, admissions about defendant’s own drug abuse were made. “The court finds that the information about E.M.’s drug use, particularly when coupled with … Continue reading
NM: Trial court found truth between dashcam video and the testimony of the officer and the def; still entitled to deference on appeal
The trial court considered the dashcam and the officer’s and defendant’s testimony because the dashcam wasn’t conclusive: “But I think it just goes to show you really need to review the video in every case. And in this case, after … Continue reading
D.Minn.: Def was a suspect in a stabbing, and police entered his property without a warrant claiming exigency; there was no exigency
Police came to defendant’s house because he was alleged to have stabbed somebody. They entered the curtilage without a warrant to look for evidence, and they found a bent bloody knife out in the rain. The warrantless entry was not … Continue reading
Defendant was initially stopped with information from a CI amounting to reasonable suspicion that he was purchasing precursors and ingredients to manufacture methamphetamine. When the police got to his house, it was apparent there was a working meth lab, and … Continue reading
The officer’s probably unintentional causing of defendant’s traffic violation made the stop unreasonable. Even if the stop was reasonable, there was no reasonable suspicion for continuing it. United States v. Esteban, 2017 U.S. Dist. LEXIS 211294 (D. Utah Dec. 22, … Continue reading
Viewing photographs of the scene, the district court could conclude that the officers could see defendant with methamphetamine in his garage. “Tran did not argue below that the officers unlawfully entered the curtilage of Chong’s home and therefore waived this … Continue reading
The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading