- E.D.Tex.: Def had no REP in a stolen travel trailer
- VT: A CI who is already in trouble with the police has an interest in truthfulness, and thus is likely more reliable
- PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff
- D.Minn.: Officer’s affidavit showed PC that clothing or proceeds of robbery would be at def’s home seven weeks after robber
- E.D.Mich.: Drugs don’t have to be forensically tested after a controlled buy for there to be PC
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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: FISA
Techdirt: Most Senate Intelligence Committee Members Are Fine With Domestic Surveillance By The NSA by Tim Cushing: The Senate Intelligence Committee has released its report [PDF] on its Section 702 reauthorization plan. Rather than adopt any serious reforms — like … Continue reading
LATimes: Editorial: Fix a surveillance law to stop backdoor searches of Americans Congress is currently deciding: whether to let the National Security Agency continue to eavesdrop on the phone calls, emails and other electronic communications of foreigners located abroad. This … Continue reading
EFF: House Judiciary Committee Forced Into Difficult Compromise On Surveillance Reform by David Ruiz
Reason: Showdown Looming over Reform of Federal Surveillance Laws by Scott Shackford: The House Judiciary Committee has advanced a bill that would provide Americans modest protections from unwarranted surveillance, but falls far short of what civil liberties and privacy groups … Continue reading
The Hill: House Judiciary advances warrantless wiretapping reform bill by Katie Bo Williams:
The Register: US domestic foreign spying bill progresses through Congress by Kieren McCarthy
EFF: Sen. Feinstein Supports “Backdoor” Warrants, So Why Don’t Reps. Nunes and Schiff? by David Ruiz: As the deadline for renewing and reforming key portions of the NSA’s spying apparatus looms less than two months away, two of the most … Continue reading
Reason: Rand Paul Worries Whether Surveillance Reform Will Even Be Debated in Senate by Scott Shackford: Sen. Rand Paul (R-Ky.) is concerned his peers will attempt to reauthorize and possibly even expand the federal government’s surveillance powers without any public … Continue reading
EFF: EFF and ACLU Ask Appeals Court to Find Section 702 Surveillance Unconstitutional by Andrew Crocker: As Congress considers reforming Section 702, the NSA’s warrantless surveillance authority, EFF and ACLU are asking a federal court of appeals in New York … Continue reading
Reason: Sens. Rand Paul and Ron Wyden Unveil Long-Awaited, Privacy-Protecting Surveillance Reform Bill
Reason: Sens. Rand Paul and Ron Wyden Unveil Long-Awaited, Privacy-Protecting Surveillance Reform Bill by Scott Shackford The Fourth Amendment matters to some legislators.
EFF: FBI Director Wray is Wrong About Section 702 Surveillance by David Ruiz: Newly-minted FBI Director Christopher Wray threw out several justifications for the continued, warrantless government search of American communications. He’s wrong on all accounts.
WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes by Orin Kerr: