- D.Utah: Def lacked standing in an apt rented for him he knew was by identity theft
- GA: Guest had standing but he was subject to owner’s consenting
- MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder
- N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form
- New Law Review Article: Cross-Enforcement of the Fourth Amendment by Orin Kerr
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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: Airport searches
TSA screeners are not “investigative or law enforcement officers” for purposes of the Federal Tort Claims Act. Therefore, they are covered by the discretionary function exemption. Pellegrino v. United States Transp. Sec. Admin., 2018 U.S. App. LEXIS 18821 (3d Cir. … Continue reading
Daily Mail (UK): TSA to start going through books and magazines under new security measures – but critics claim procedure could be used to target people with foreign or religious reading material
Daily Mail (UK): TSA to start going through books and magazines under new security measures – but critics claim procedure could be used to target people with foreign or religious reading material by Hannah Parry:
The Hill: TSA sued over full-body X-ray scanners by Keith Laing: The Transportation Security Administration (TSA) is being sued over the controversial full-body X-ray scanners it uses at airport security checkpoints across the country. The lawsuit, from the Competitive Enterprise … Continue reading
WaPo: Judge: No-fly list procedures were — and still might be — unconstitutional by Matt Zapotosky: A federal judge on Thursday ruled that the way the United States implemented its no-fly list was unconstitutional years ago when it was used … Continue reading
Vox: Filmmaker Laura Poitras has been detained [at airports] 50 times. Now she’s suing to find out why
Vox: Filmmaker Laura Poitras has been detained 50 times. Now she’s suing to find out why by Timothy B. Lee:
NY Times: Airport Security Advances Clash With Privacy Issues by Ron Nixon: BOSTON — At a mock airport in an underground laboratory here at Northeastern University, students pretending to be passengers head through a security exit in the right direction, … Continue reading
The Hill: How the TSA spots terrorists A confidential checklist reveals a point system employed by the agency.
AP: Traveler sues TSA after 20-hour detention: PHILADELPHIA – A traveler detained for more than 20 hours after a search of energy bars and a sports watch in his carry-on bag at an airport has sued the Transportation Security Administration … Continue reading
Plaintiff has a metal hip implant, and she sets off TSA’s screening machines. This results in her getting a patdown. The court concludes that, on the whole, a patdown is reasonable under the Fourth Amendment and the ADA even if … Continue reading
CBP x-rayed bags of passengers flying between St. John’s and St. Thomas VI during Carnival between 7 am and 5 pm. A gun was found in defendant’s carry-on bag. It was not a flight involving Customs, as flights from and … Continue reading
ABAJ: Nursing mom wins $75K settlement from TSA over airport incident by Martha Neil: A California woman who says airport security screeners working for the federal Transportation Security Administration violated the agency’s own rules and prevented her from traveling with … Continue reading
Airport TSA “screenings” are “searches” within the Fourth Amendment and the FTCA because they can search people and their belongings and then seize things. Here, however, plaintiff doesn’t state a claim. Armato v. Jane Doe 1, 2012 U.S. Dist. LEXIS … Continue reading