- S.D.Ind.: CSLI search two years before Carpenter was valid under GFE
- S.D.Tex.: Warrantless search of cell phone six years after border crossing violated 4A
- PA: Trial court’s deciding to suppress based on an argument not made by def was error
- CA9: Nominal damages for 20 min detention supported by evidence
- N.D.Ga.: Govt bore burden of proof on inevitable discovery and failed; weak hearsay not credited
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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: Apparent authority
The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading →
“The court acknowledges the government’s point that Moran did not retain a key to the storage unit once he was jailed, and that Moran had appeared perfectly amenable to the bags being placed in Alysha’s more heavily-trafficked apartment rather than … Continue reading →
CA6: Def’s wife saying she was on the cell phone contract was sufficient to create a good faith belief in her apparent authority
Defendant’s wife, who told police defendant was communicating with underage girls on his cell phone, told officers that she paid for the phone and was on the contract. So, viewed most favorably to the government, this was sufficient to establish … Continue reading →
OH7: “Appellant acknowledges a hotel employee can consent to law enforcement’s entry into a hotel room if the guest has been evicted.” He was
Defendant was staying at a Comfort Inn, and the hotel quickly concluded defendant was dealing drugs from the room. He didn’t respond to their entries to get out, so they called the police who came to remove him. When defendant … Continue reading →
Defendant was given standing in his mother’s home, even though he did not live there full time. His uncle also lived there, and he had apparent authority and “free agency” to consent to a search of the premises. United States … Continue reading →
IA: Passenger in a car being impounded should have been permitted to keep her purse and not leave it in car
Defendant was a passenger in a car stopped for expired tags. She should have been allowed to keep her purse when she got out of the car. Instead, she was told to leave it in the car, and then it … Continue reading →
NY1: Staying “on and off” with an uncle for many years, getting mail there, storing all his clothes there gave standing
The trial court erred in finding that defendant lacked standing to challenge the propriety of the search of the apartment because defendant’s uncle, who resided in the apartment, told the police that defendant had stayed with his family “on and … Continue reading →
Defendant’s girlfriend with whom he lived had apparent authority to consent to a search of their joint premises. People v. Gray, 2017 NY Slip Op 05873, 2017 N.Y. App. Div. LEXIS 5809 (3d Dept. July 27, 2017).* There were two … Continue reading →
MN: Apt mgr’s ability to enter for maintenance purposes is not apparent authority to consent to a police search
An apartment manager’s ability to enter by law and by the lease for maintenance purposes does not give the manager or staff the ability to consent to a police entry. Here, a water leak brought maintenance who saw drug use … Continue reading →
CA7: Def’s wife of 21 years had apparent authority to consent to search of garage even if she didn’t regularly use it
Defendant’s wife of 21 years, 10 years at the co-owned property, had apparent authority to consent to its search. The fact she didn’t regularly go into the detached garage didn’t at all mean she didn’t have apparent authority. United States … Continue reading →
Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading →
Consent was granted by someone the police reasonably believed had apparent authority to consent to a search of defendant’s bedroom [no facts given to see how there’s third party consent to a bedroom, so this is immediately suspect]. State v. … Continue reading →