- NJ.com: Murphy vetoes bills requiring cops to use body cameras, citing cost and privacy concerns
- N.D.Ohio: Giving a drug courier a duffel bag doesn’t allow one to retain standing under a bailment or joint possession theory
- CA7: Ptf was a trespasser who had no REP
- CA1: Gunshot from within while waiting for SW justified entry and sweep
- D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it
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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
E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it
Officers conducted a drug investigation into defendant’s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be … Continue reading
S.D.Ohio: Nervousness of driver and two passengers in rental car wasn’t RS; detention was unreasonable
“The officers here initiated investigative activities that prolonged the traffic stop, but are unable to articulate grounds, existing when they started those investigative activities, giving rise to a reasonable suspicion of criminal conduct. And no exception to the exclusionary rule … Continue reading
The driver’s potential violation of a pretrial release condition observed by the officer was sufficient justification for extending a traffic stop first based on failure to signal. Violation of a condition of release could be a criminal violation. State v. … Continue reading
Even if the good faith exception doesn’t admit CSLI before Carpenter, it’s harmless error. “At the time of Hill’s 2014 trial, controlling precedent held that a search warrant was not required to obtain cell site location data.” “Here, the cell … Continue reading
Under the Pennsylvania Medical Marijuana Act, the smell of marijuana is only a factor in reasonable suspicion for a detention or probable cause for a search since many Pennsylvanians can now legally possess. There is no per se rule. Presentation … Continue reading
Defense counsel wasn’t ineffective for not challenge defendant’s parole search. In fact, “Because the search was a condition of his parole, the petitioner does not have standing to contest the search. Oody, 823 S.W.2d at 560; Turner, 297 S.W.3d at … Continue reading
“Case failed to make a preliminary showing to warrant a Franks hearing. See Baker, 925 N.W.2d at 615 (‘[A]n officer applying for a search warrant is not required to present all inculpatory and exculpatory evidence to the magistrate, only that … Continue reading
An anonymous call to police (not 911) with extraneous detail about a possible DWI was reasonable suspicion. Gross v. State, 2020 Ark. App. 432 (Sept. 23, 2020):
Defendant is accused of robbery including stealing a cell phone which was tracked to his house by the find phone app. When police arrived, they found the vehicle described by the victim, and they entered the curtilage without a warrant. … Continue reading
“We also conclude that McNeely applies retroactively to Edwards’s test-refusal conviction. Finally, we conclude that the postconviction court erred when it failed to follow the heightened pleading requirement and burden-shifting procedure set out in Fagin. We therefore reverse the postconviction … Continue reading
IL: Simple question during SW execution about whether def had been subjected to a SW before wasn’t interrogation where he volunteered where a gun was
A question to defendant during execution of a search warrant whether he’d been the target of a search warrant before led to an incriminating and unsolicited response about a gun that would not be suppressed. He wasn’t being interrogated. Therefore, … Continue reading
Officers had reasonable suspicion for stopping defendant for suspicion of being involved in a bank robbery. Police gave chase but lost him, but only after catching his license plate number. They went to his house and waited for him to … Continue reading
Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading
A scrivener’s error as to alleged vagueness in the property to be searched and seized was cured in context of the documents. United States v. Carter, 2020 U.S. Dist. LEXIS 168543 (M.D. Fla. Sept. 15, 2020). Defendant’s blocking the street … Continue reading
Reasonable suspicion was lacking. Being in a high-crime area doesn’t add much of anything. United States v. Weaver, 2020 U.S. App. LEXIS 29187 (2d Cir. Sept. 15, 2020)*:
School administrator’s direction to a student to remove shoes was not a strip search. I.S. v. Binghamton City Sch. Dist., 2020 U.S. Dist. LEXIS 167370 (N.D. N.Y. Sept. 14, 2020). 2254 petitioner litigated and lost his illegal arrest claim in … Continue reading