- FL5: Record doesn’t show no standing in CSLI; remanded
- WaPo: The Sexts of Jeff Bezos and the Death of Privacy
- OH5: State’s claim of reasonable mistake of fact rejected: statute not ambiguous and not violated
- N.D.Ill.: Ptf adequately pled that def officers used SWs as excuse to commit theft and robberies of search targets
- D.N.M.: Pocket and backpack search and patdown of 21 students at school for stolen money was with RS so officer gets QI
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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
The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading
Defense counsel was the law partner of the issuing magistrate. On post-conviction, defendant did not show that defense counsel was operating under a conflict of interest because defense counsel filed and vigorously litigated a motion to suppress. Kensett v. State, … Continue reading
Search warrant papers are discoverable to the defense and the unredacted parts are public records that must be disclosed. “The state asks us to prevent the disclosure of information that it had redacted from search warrants and warrant applications related … Continue reading
The search warrant was properly issued on affidavit. It didn’t have to be signed in the presence of the judge. An oral affidavit has to be, but this isn’t. State v. Hensley, 2018 Ida. App. LEXIS 49 (Nov. 16, 2018). … Continue reading
Technical defect in the oath in the search warrant application doesn’t warrant suppression of evidence. State v. Parker, 2018 La. App. LEXIS 2256 (La. App. 1 Cir. Nov. 10, 2018). A Rule 41(g) motion from pre-2000 seizure wasn’t timely in … Continue reading
The statute requiring search warrant papers be filed with the circuit clerk is merely procedural, and it confers no substantive rights for its violation. Heroin in the car was visible from outside and thus in plain view, and that was … Continue reading
Defendant on a wiretap application was only known by his nickname, and this did nothing to alter the probable cause analysis nor undermine probable cause. United States v. Santiago, 2018 U.S. App. LEXIS 27919 (7th Cir. Oct. 2, 2018) (there’s … Continue reading
Defendant was granted a new murder trial on ineffective assistance of counsel grounds, one of which was failure to file a motion to suppress. On remand to the trial court, he pursued the motion to suppress claiming that a search … Continue reading
“Defendant’s argument that 1335 Geyer Avenue was indeed his home, but that police did not know it was his home, thus fails. Additionally, ‘search warrants are directed, not at persons, but at property where there is probable cause to believe … Continue reading
DE: Def counsel was not ineffective for not arguing obvious typo on date justified suppression because it didn’t
The search warrant affidavit said August 3, 2015, but August was typed and the 3 written in. It’s clear from all the testimony that it was issued September 3, and the “August” wasn’t corrected. Therefore, defense counsel wasn’t ineffective for … Continue reading