- Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force
- Gizmodo: Law Enforcement Is Buying Its Way Into Our Breaches
- MT: Field test of seized drugs is a reasonable search
- CA11: Govt waives abandonment by not pleading it in the district court
- D.C.Cir.: Applications for orders under SCA and ECPA presumptively public judicial records
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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: Reasonable suspicion
The Third Circuit notes that it has yet to adopt a standard of review for Franks claims; see United States v. Pavulak, 700 F.3d 651, 665-66 (3d Cir. 2012); and it doesn’t have to here because, whichever applies, defendant loses. … Continue reading
E.D.Cal.: Question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a 4A claim, not whether def took advantage of it
The question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a Fourth Amendment claim, not whether defendant took advantage of it. Barrera v. Sherman, 2020 U.S. Dist. LEXIS 118199 (E.D. Cal. … Continue reading
CA8: Officer approached who he thought was a crime victim and answers to questions gave RS he was the culprit
Officer responded to a call about shooting of a car thinking defendant might have been a victim. When he inquired, “Aguilar responded that he ‘didn’t shoot nobody’s windows out.’” Reasonable suspicion developed on the totality. United States v. Aguilar, 19-3008 … Continue reading
In an ordinary traffic stop, an officer may ask about weapons and even seek a consent to search without reasonable suspicion and thus without extending the stop. State v. Brown, 2020 WI 63, 2020 Wisc. LEXIS 140 (July 3, 2020):
Bystander’s tip that a black man in red pants and a black shirt had left a large fight at a West Virginia bar going east after having displayed a gun. A block away to the east, officers found defendant walking … Continue reading
This late night stop was reasonably extended because the driver didn’t have a DL on him and there appeared to be a digital scale on the floor. United States v. Henry, 2020 U.S. Dist. LEXIS 115939 (D. Minn. May 20, … Continue reading
“In any event, even if it is assumed arguendo that an attempted seizure could in fact trigger the Fourth Amendment, Ferguson has failed to show that the attempt to detain him for an investigatory Terry stop was not supported by … Continue reading
“If these were all the facts, establishing reasonable suspicion might have been a close call for the officers. But Wilson’s unprovoked, headlong flight from police in a high-crime area put any lingering doubt to rest. Illinois v. Wardlow, 528 U.S. … Continue reading
Feeling a weapon during a patdown allows the officer to go beyond the outer clothing to retrieve it. United States v. Hightower, 2020 U.S. Dist. LEXIS 112557 (E.D. N.Y. June 26, 2020). Defendant stopped his vehicle in an intersection where … Continue reading
“Approximately twenty minutes after Jacobs fled on foot, the police noticed Gilmore driving away from the neighborhood where the robbery occurred. At the time of the stop, Gilmore’s car was the only car on the road. Once the stop lawfully … Continue reading
“Defendant’s objections do not address the Magistrate’s analysis or conclusions regarding Grounds 11 and 15. Instead, Defendant vaguely asserts that his counsel should have challenged the ‘validity of [the] evidence[.]’ (DE 406 at 7.) Defendant provides no basis to challenge … Continue reading
Even if the stop was without reasonable suspicion, defendant’s resisting the officer was a separate crime that justifies with probable cause. United States v. Kazadi, 2020 U.S. Dist. LEXIS 109060 (D. Colo. June 22, 2020). Defendant’s stop on a country … Continue reading
Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant’s door was reasonable, as was ordering him to open … Continue reading
There was probable cause for the search, and the CI’s veracity was enhanced by the CI’s prediction of future conduct. United States v. Stevenson, 2020 U.S. Dist. LEXIS 105420 (D. Me. June 17, 2020). “While Mendoza-Ricardo argues that the purpose … Continue reading
D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were
There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading