- Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say
- E.D.Pa.: FIPF is continuing offense and reasonable inference is firearm would be kept at home
- S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ
- NJ: Tier III GPS sex offender monitoring valid under special needs exception
- N.D.Ill.: Detailed 911 call was RS
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 25k posts since 2003
Fourth Amendment cases,
citations, and links
Latest Slip Opinions:
U.S. Supreme Court (Home)
Federal Appellate Courts Opinions
FDsys, many district courts, other federal courts
Military Courts: C.A.A.F., Army, AF, N-M, CG, SF
State courts (and some USDC opinions)
Advanced Google Scholar
Google search tips
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $
S. Ct. Docket
Solicitor General's site
Briefs online (but no amicus briefs)
Oyez Project (NWU)
"On the Docket"–Medill
S.Ct. Monitor: Law.com
S.Ct. Com't'ry: Law.com
General (many free):
Google Scholar | Google
LexisOne Legal Website Directory
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com (4th Amd)
Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
DOJ Computer Search Manual (2009) (pdf)
Stringrays (ACLU No. Cal.) (pdf)
Congressional Research Service:
--Electronic Communications Privacy Act (2012)
--Overview of the Electronic Communications Privacy Act (2012)
--Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)
ACLU on privacy
Electronic Frontier Foundation
NACDL’s Domestic Drone Information Center
Electronic Privacy Information Center
Criminal Appeal (post-conviction) (9th Cir.)
Section 1983 Blog
"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)
Website design by Wally Waller, Little Rock
Category Archives: Apparent authority
TN: With no findings of fact, court can look at dashcam video and draw own conclusion suppression was appropriate
The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony … Continue reading →
When the officer discovers an order of protection between two people in a car, there is reasonable suspicion to investigate further. United States v. Williams, 2020 U.S. Dist. LEXIS 91549 (D. Me. May 26, 2020). The police reasonably believed the … Continue reading →
The driver of a car presumptively has the apparent authority to consent to its search even though he didn’t own it. People v. Quintanilla, 2020 Guam LEXIS 8 (May 21, 2020). Two new and unused meth pipes in defendant’s glove … Continue reading →
“It is common authority, not legal ownership, that confers actual authority to consent to a search. … In this case, the evidence was sufficient for the court to find that A shared common authority with defendant over the bedroom and … Continue reading →
Defendant was a lieutenant in the fire department, and his father was the chief. He was using a city owned laptop. After he was arrested for exposing himself in a Walmart bathroom, dad had the apparent and actual authority to … Continue reading →
Based on all the evidence, the consenter had apparent authority to consent to the search of the house. While she’d supposedly moved out, she had a key and still had stuff there, and the officers had no suggestion that she … Continue reading →
The state claimed that the officers had reasonable suspicion which wasn’t apparent to the court of appeals. Then a drug dog didn’t alert. That’s when the stop should have ended. The request to have a second dog sniff was unreasonable. … Continue reading →
LA2: Officer’s leaning in open window wasn’t a plain view; def’s demands to know why he’s detained can’t be RS when he has a right to know
Officer’s leaning into the open window of defendant’s car with a flashlight to get a better view was not a plain view. Statute “commands police officers, upon detaining a citizen in connection with the investigation or commission of any offense, … Continue reading →
N.D.Ill.: Shotspotter’s negative report belied the anonymous CI and made reliance on the CI unreasonable
The Shotspotter’s negative report of shots fired immediately known by the police contradicted their anonymous CI and made defendant’s stop unreasonable. United States v. King, 2020 U.S. Dist. LEXIS 23208 (N.D. Ill. Feb. 11, 2020). The co-occupant of defendant’s trailer … Continue reading →
The court of appeals is reversed and the case remanded to the trial court for a hearing on actual and apparent authority and the reasonableness of the officer’s belief there was any authority at all, actual or apparent. People v. … Continue reading →
IA: Std of review of PC is not is there PC, but is there a substantial basis for believing there was PC
“Because the Fourth Amendment values the practice of obtaining a warrant to reduce the perception of intrusive police conduct, we do not strictly scrutinize the sufficiency of the underlying affidavit. … Instead, we decide whether the issuing magistrate had a … Continue reading →
Police were called to a domestic disturbance, and the victim in the house had the apparent authority to consent to search of a Home Depot bucket in their house where a gun was found. State v. Henize, 2019-Ohio-5202, 2019 Ohio … Continue reading →
Defendant argued defense counsel was ineffective for not pursuing a motion to suppress the search of a bedroom he stayed in in the house of another. The testimony was conflicting. Defendant said that he had exclusive use of the bedroom, … Continue reading →
CA1: Mere fact friend had possession of def’s bags didn’t show actual or apparent authority to consent
Defendant stored bags with a friend, and he ended up in jail. There was no actual or apparent authority shown for her to consent to search of the bags. The government carries the burden on both, and it fails. The … Continue reading →
D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport
The car that was searched was being hauled by a car carrier. By turning over a car to a car hauler, the car hauler has complete possession and actual and apparent authority to consent to a search, and the person … Continue reading →
N.D.Ala.: Renting bedroom from homeowner and paying in drugs still gave renter standing; but owner had apparent authority to consent
Defendant lived in a drug dealer’s house where he rented the room in exchange for drugs. He had unfettered access to come and go. That gave him standing in his own room. The owner, however, also had unrestricted access to … Continue reading →