- St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis
- CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed
- CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas
- CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offender
- DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”
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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: Warrant requirement
A security guard employed by the Chicago Housing Authority was not a state actor. There is already precedent in this circuit. United States v. Green, 2020 U.S. App. LEXIS 29421 (7th Cir. Sept. 16, 2020). The SDNY searched defendant’s emails … Continue reading
MO: Alteration of SW application after warrant issued is strongly disapproved of, but here did not undermine PC
A mistake as to the name of the person’s BAC to be searched for and seized in the warrant could be overlooked where it correctly appeared 50 times in the affidavit. The officer’s altering the search warrant application with the … Continue reading
Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence
Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence by Jacob Sullum (“The overlap suggests a pattern of shoddy investigation and reckless paramilitary tactics in … Continue reading
Typographical errors in a search warrant from using another warrant off a computer can be ignored if the intention of the search warrant can be determined. United States v. Abdalla, 2020 U.S. App. LEXIS 27375 (6th Cir. Aug. 27, 2020):
The state judge who issued the search warrant was a neutral and detached magistrate under the Fourth Amendment. Whether the magistrate had state law jurisdiction is a kind of circular argument under state law, but the Fourth Amendment only requires … Continue reading
Reason: Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division by Jacob Sullum (“The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their … Continue reading
Just because the state trial judge’s signature was illegible doesn’t violate the Fourth Amendment. The judge’s name was stamped below. United States v. McElroy, 2020 U.S. Dist. LEXIS 132608 (D. Ore. July 24, 2020). Franks challenge fails: “Thus, the bottom … Continue reading
CAAF: Devolution of M.R.E. 311(a) authority is a functional test; Lt.Col. overseas, and Maj. in charge of everything else
Devolution of authority from a commanding officer at a military installation from one to the Executive Officer during a six month deployment is governed by a functional analysis under M.R.E. 311(a). Here, the Major had authority in the absence of … Continue reading
The subpoena for records here was reasonable, and there was no reasonable expectation of privacy in them where the court could analogize the subpoena as a search. State v. Doyle, 2020 R.I. LEXIS 65 (July 8, 2020):
A cut and paste error in a search warrant that referred to other property could be overlooked when the true particularity could be seen. State v. Said, 306 Neb. 314 (July 2, 2020):
Court ordered GPS tracking of a vehicle for up to 30 days under state statute satisfied the warrant requirement for its showing of probable cause before a neutral and detached magistrate. Whittington v. State, 2020 Md. App. LEXIS 621 (July … Continue reading
An Illinois state judge issued a search warrant on a CI’s allegations of being in defendant’s home. The affidavit was essentially bare bones, but the judge took testimony about the CI and his or her basis of knowledge and maybe … Continue reading
NJ: Destruction by policy of audio of telephonic SW application required suppression even without bad faith
This case proceeded on a telephonic search warrant where the application was recorded as required by law. The recording, however, was destroyed in 90 days under the department’s records retention policy. While the destruction wasn’t in bad faith, the recording … Continue reading
The search warrant request for plaintiff’s person and vehicle resulted only in a warrant for the vehicle. What the defendant officer intended doesn’t count in the face of the clear warrant. A forced rectal search and x-ray at a hospital … Continue reading
A typographical error in the date of the application for search warrant could be overlooked where the actual date can be determined from the whole. State v. Benson, 305 Neb. 949 (May 29, 2020). Defendant moved to suppress his DNA … Continue reading
No weapon had been involved in a robbery the police were investigating, and they knew defendant wasn’t the robber. When they approached and he felt his waistband and pockets, they didn’t have reasonable suspicion. Townsend v. State, 2020 Fla. App. … Continue reading