- CA11: A cell phone with 2kg of heroin and cash is PC for the phone
- CA6: Failure to object to USMJ’s R&R is waiver of 4A claim
- NV: Booking inventory invalid for lack of inventory and officer’s lack of memory of doing it
- E.D.Wash.: Connecting seized cell phone to internet not a search
- WaPo: Data isn’t just being collected from your phone. It’s being used to score you.
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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: Inventory
Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading
Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading
“Govea’s brief stop at his home—immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger—connected the drug … Continue reading
The vehicle search was valid as an inventory. When a weapon was found in the console, it was valid under the automobile exception. State v. Fawcett, 2020-Ohio-1004, 2020 Ohio App. LEXIS 925 (5th Dist. Mar. 12, 2020). The county’s insurance … Continue reading
This inventory for driving another’s car without a license was reasonable. It followed policy, and there was no duty to call the owner to retrieve it to avoid the inventory. State v. Allen, 2020-Ohio-947, 2020 Ohio App. LEXIS 868 (2d … Continue reading
A passenger in a vehicle to be inventoried after a stop is entitled to notice to retrieve her personal belongings before it happens. Only this is consistent with the purpose of the inventory requirement. Other states are in accord, and … Continue reading
Defendant was arrested on suspicion of murder, and he had a cell phone in his pocket that he was using, his younger brother’s. The seizure of the phone was proper, but the purported inventory of the phone was not because … Continue reading
NE: Inventory wasn’t pretext for investigation; body cam video showed how it was done, and written policy could be testified to
Defendant’s vehicle was lawfully impounded, as it would have been in any event, and then it was inventoried. The state’s failure to put the inventory policy into evidence was not fatal because there was testimony about it. The inventory search … Continue reading
CA2: SI of backpack for a subway fare violation was unreasonable, but a search was inevitable as inventory
Defendant was arrested by NYPD for using a student fare MetroCard, and a computer search showed he was a transit recidivist. His backpack was searched. While it was an invalid search incident, he was taken to the precinct house and … Continue reading
The license plate holder blocked most of the registration sticker, and that justified the stop. The smell of marijuana justified a further search of the car, and, finding a warrant on the driver, the police impounded the car. Removing part … Continue reading
NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it
Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. People v. Wheeler, 2020 NY Slip Op 00998, … Continue reading
D.Mass.: Def’s car was towed and inventoried, but searching his backpack was unreasonable when he wasn’t arrested
Defendant’s vehicle was being towed because he was an unlicensed driver, and he wasn’t being arrested. He could accompany the vehicle. The officer inventoried the car and then searched his backpack. The backpack search wasn’t reasonable because he wasn’t being … Continue reading
When a passenger can drive the vehicle away, the police cannot impound it because impoundment isn’t “reasonably necessary.” Commonwealth v. Goncalves-Mendez, 2020 Mass. LEXIS 65 (Feb. 3, 2020). A supervisory writ doesn’t lie to attempt to appeal denial of a … Continue reading
Standing for Fourth Amendment purposes is not jurisdictional, so the court can consider the merits instead. United States v. Spadafore, 2020 U.S. App. LEXIS 2922 (9th Cir. Jan. 28, 2020). The legality of the search warrant for defendant’s car is … Continue reading