- KS: Parole search waiver permitted suspicionless home searches
- PA: Consent to blood draw preceded any alleged Birchfield violation, so no suppression
- E.D.Ky.: The fact the regular CI was also a drug addict didn’t make him unreliable or unbelievable [on a pretrial release application]
- AZ: By not stopping until he got to driveway, def impliedly consented to officer following there
- CA3: Failure to pay bench warrant justified arrest even if state law permitted pay off in lieu of arrest
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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: Nexus
CA6: Computers, like guns, are usually kept at home, and that’s nexus for search of house for a computer [!?]
A computer, like a gun, is usually kept in the home, and a search warrant for a computer establishes nexus to search defendant’s house[!, really?]. Thus, there was no Fourth Amendment violation and alternatively there was qualified immunity. Peffer v. … Continue reading
There is no constitutional difference between a drug dog’s “alert” and “indication.” The dog’s actions and what it means to the handler are just a factor in probable cause to search. United States v. Herbst, 2018 U.S. Dist. LEXIS 6516 … Continue reading
The affidavit for the search warrant for defendant’s house failed to show nexus to his house, and the affidavit on nexus was so deficient it doesn’t satsify the good faith exception. About all there was on the document was the … Continue reading
D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW
When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading
CA10: SW affidavit was detailed, and Franks challenge targeted def’s being in pen during conspiracy; not shown reckless under Franks and GFE applies
Officers obtained a search warrant for defendant’s house for evidence of drug dealing for his being involved with a gang for years. The affidavit was detailed except that it only suggested defendant’s and another’s incarceration for eight years in the … Continue reading
PA: Nexus not shown for house, and no GFE under state law: def arrested blocks from home with firearm, and that doesn’t mean more at home
Defendant shot at a cop and committed other felonies. He was sentenced to 66-132 years. He was arrested as a prohibited person with a firearm blocks from his home. The state showed no nexus to the house for other evidence … Continue reading
There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading
Child pornography on defendant’s cell phone is nexus to his computer. Computers are common storage devices for cell phone pictures and information. “Common sense suggests that if an individual has images of child pornography downloaded to one electronic device, the … Continue reading
D.Md.: Nexus shown by def’s car driven to drug deal was registered at his house and he left there to do the deal
Defendant was alleged to have left the address his car was registered at to go to a controlled buy. That showed nexus to the house. United States v. Goldsberry, 2017 U.S. Dist. LEXIS 199446 (D. Md. Dec. 4, 2017). Defendant … Continue reading
E.D.Mich.: Def was alleged to be involved in a pill mill, but SW was for his home; affidavit showed nexus to home for instrumentalities of crime
Police got a search warrant for defendant’s home in a pill mill case. “This affidavit did not attempt to establish probable cause to believe Knight was conducting prescription drug deals at his home. Instead, it attempted to establish probable cause … Continue reading
The state showed nexus to defendant’s laptop and the victim’s murder. Defendant had forged documents on a computer before, and it was reasonable to conclude that similar events happened here by defendant’s hand. Defendant was well experienced in using computers … Continue reading
Driving back to one’s house after a drug sale establishes nexus to the house. United States v. Rich, 2017 U.S. Dist. LEXIS 173634 (E.D. Mich. Oct. 20, 2017). Defense counsel wasn’t ineffective for not moving to suppress defendant’s stop which … Continue reading