- 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: Reasonable suspicion
Defendant’s stop started with speeding 85 in a 50, and the reasonable suspicion progressed to probable cause he was under the influence. “The Court also finds that Mr. Kamwani’s performance on the field sobriety tests, the odor of alcohol, the … Continue reading
Defendant was stopped for having studded tires after May 1st, and another warrant surfaced when checking on him. Despite the officer’s discretion to issue a summons or arrest, he still had the authority to conduct a patdown if there was … Continue reading
NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading
Defendants’ vehicle looked like one wanted in a recent bank robbery, and officers sped up to get closer, and the vehicle was speeding through a residential area. Aside from speeding, officers had reasonable suspicion they were involved in the bank … Continue reading
W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun
Officers had reasonable suspicion to conduct a protective weapons search of the car defendant came out of a motel and got into. While watching the car, before defendant was there, officers saw a juvenile hiding a gun under the floor … Continue reading
There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading
One of defendant’s 2255 claims involved a search of a gun safe that had nothing of evidentiary value in it. It didn’t matter at trial, was a “red herring,” and there could be no prejudice. Belitsky v. United States, 2018 … Continue reading
Defendant preserved her Fourth Amendment claim by citing it in the motion and by arguing at the hearing the stop was impermissibly extended. “Although the question is close, we agree with defendant that her Fourth Amendment argument is adequately preserved … Continue reading
W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation
Reasonable suspicion for jaywalking didn’t permit questioning about drugs just because defendant was in a high crime area. The use of defendant’s key fob in his pocket violated the Fourth Amendment, following United States v. Craddock, 841 F.3d 756, 760 … Continue reading
NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information
Defendant’s car was leaving a house under surveillance as a place where a gun safe was known to have been taken after a burglary to break it open. A search warrant was being sought. The stop was a seizure, but … Continue reading
N.D.Tex.: PV of short-barreled rifle and silencer was valid; incriminating nature immediately apparent
The incriminating nature of a short-barreled rifle and a homemade suppressor was immediately apparent for plain view purposes. United States v. Tidrow, 2018 U.S. Dist. LEXIS 81807 (N.D. Tex. May 15, 2018). “Prior to the stop of the vehicle, law … Continue reading
NC: Knock-and-talk at side door was unreasonable; the fact def’s friends and occasional buyers went to that door and not obvious front door isn’t an excuse
The police did a knock-and-talk and went to a side door. A knock-and-talk is limited to the door the public goes to. The fact an occasional visitor defendant knew well was permitted to go to another door doesn’t give the … Continue reading