- E.D.Mo.: Def consented to four undercover officers who first met him at post office to search house for a wanted man
- N.D.Ala.: No exigency for entry into home to seize gun for alleged safety of children
- Cal.4: Warrantless seizure of def’s dashcam was reasonable on exigent circumstances; three days to get a SW wasn’t unreasonable
- FL2: Anonymous calls about a pick-up truck driving slowly around the block in the middle of the night in a residential low crime area wasn’t RS
- D.D.C.: Collective knowledge doctrine doesn’t require that the officers actually share the information
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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: Stop and frisk
E.D.Pa.: The officer responding to a bank robbery call finding two men matching the description near the bank was reasonable in stopping and handcuffing them
“Accordingly, we find that based on Dougherty’s experience and familiarity with the area, and the totality of the circumstances known to him as he responded to a dispatch describing two African American males at least one of whom was armed, … Continue reading
IL: Two anonymous calls of man with a gun resulted in finding only def in the area who walked like he was holding
The frisk of defendant did not violate the Fourth Amendment, so the trial court did not err by denying defendant’s motion to suppress the firearm. The officer encountered defendant after an unknown caller placed two 911 calls, defendant matched the … Continue reading
Defendant did not own the premises searched, but he had a reasonable expectation of privacy in it because of his connection to it. Also, criminal acts on the premises is not a waiver of a reasonable expectation of privacy. Minnesota … Continue reading
Massachusetts well explains the totality of circumstances test applied to what a civilian would find an inherently coercive police citizen contact but the courts hardly ever do. Commonwealth v. Matta, 2019 Mass. LEXIS 582 (Oct. 21, 2019):
LA4: Nervousness and furtiveness of person clutching bag on Bourbon St during Halloween crowd justified stop to check for weapons
It was Halloween on Bourbon Street, which is the largest crowd in New Orleans other than Mardi Gras. Defendant was stopped for his suspicious behavior on seeing EMS personnel, and he quickened his pace and tucked his bag under his … Continue reading
The search warrant referred to the premises to be searched as “5243/45 Broadway.” It was one continuous apartment downstairs with one address, and the other upstairs was still being built and was occupied. 5243 was used on the search warrant … Continue reading
Defendants’ stop and frisk was reasonable. Their car was parked in a convenience stop parking lot, the motor was running, and the driver was apparently inside. The passenger was rolling a blunt, suggesting more marijuana in the car, and the … Continue reading
Defendant concedes officers had probable cause. Just because they had advance notice defendant was coming because of the breadth of their investigation, the automobile exception allowed a vehicle search because of the mobility of the car. Advance notice still doesn’t … Continue reading
Defendant’s cell phone was seized from his car when it was impounded after a high speed chase. The fact it was omitted from the inventory sheet does not make its seizure unreasonable. It was ultimately searched with a search warrant. … Continue reading
Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion)
Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion):