- CA3: Finding suspect near bank that was just robbed generally matching description but with short sleeves in winter was RS
- CA9: UA in prison is reasonable
- Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force
- Gizmodo: Law Enforcement Is Buying Its Way Into Our Breaches
- MT: Field test of seized drugs is a reasonable search
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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: Strip search
Officers had probable cause defendant had drugs hidden in his underwear or anal cavity. When he was taken to the DTF office, a strip search there was reasonable when there were no drugs otherwise in his possession. United States v. … Continue reading
D.S.D.: Forced catheterization of drug suspects with SW merely to see if drugs are in their system was unreasonable
Forced catheterization of drug suspects with a search warrant, who refused to urinate on demand, because of suspicion of drug use was unreasonable under the Fourth Amendment under Schmerber. The individual defendants get qualified immunity, however, because of a lack … Continue reading
Pro se prison inmate plaintiff fails to state claims for § 1983 relief including alleged arbitrary strip searches. With his disciplinary record, they aren’t arbitrary. He’s in a prison, after all. Wright v. United States, 2020 U.S. Dist. LEXIS 59884 … Continue reading
Daily Press: After Virginia prisons strip searched an 8-year-old, state lawmakers passed 4 bills to limit the practice
Daily Press: After Virginia prisons strip searched an 8-year-old, state lawmakers passed 4 bills to limit the practice by Gary A. Harki (“Four bills addressing the strip searching of visitors at jails and prisons in Virginia passed the General Assembly … Continue reading
No justification is needed for a jail booking strip search. [The court alludes to what might possibly be some factual justification but doesn’t say that it was.] Watkins v. Pinnock, 2020 U.S. App. LEXIS 1881 (11th Cir. Jan. 22, 2020). … Continue reading
The video from the patrol car doesn’t support the officer’s claim that defendant didn’t properly stop at a stop sign that that was the basis for the stop. The court doesn’t find Heien applies because this isn’t a mistake of … Continue reading
Back July 17 was this post: CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide re Henry v. Hulett, 2019 U.S. App. LEXIS 21009 (7th Cir. July 16, 2019). … Continue reading
NYTimes: Strip-Searching of 8-Year-Old at Prison Leads Virginia to Halt the Practice (“Gov. Ralph Northam suspended the policy after a girl was strip-searched while trying to visit her father.”) And I lost a case similar to this about 18 years … Continue reading
E.D.Ky.: Paraphrasing def’s jail calls on hearsay without affiant actually listening to them isn’t a Franks violation
A full forensic search of defendant’s cell phone was authorized by the affidavit which was attached to the search warrant. There were admissions from the defendant on jail calls to others that were reported to the police. The paraphrasing the … Continue reading
Plaintiff states a claim for a visual strip in a stationhouse search forbidden for a misdemeanor. There are fact questions for trial as to what the officers knew about alleged possession of contraband. Beauvoir v City of New York, 2019 … Continue reading
Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading
“The non-exigent visual inspection of the genital area of a person suspected of concealing controlled dangerous substances, in daylight, while the person stood between two police cruisers with emergency lights flashing, along the shoulder of an interstate highway, as moderate … Continue reading
CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide
Plaintiff female prisoners filed a Fourth Amendment and Eighth Amendment claim against a jail for what they alleged was an invasion of privacy by an unjustified group strip search. The district court granted summary judgment against them on the Fourth … Continue reading
LA Times: Women in jail endured group strip searches. LA County to pay $53 million to settle suit by Alene Tchekmedyinsta:
CA6: No QI for a baseless stop, strip search, and body cavity search and then tightening handcuffs for ptf’s complaining about his treatment
The officer gets no qualified immunity in his interlocutory appeal. On the complaint, plaintiff stated a claim that his stop was not objectively reasonable in the first place. A police dog was put into plaintiff’s vehicle, then it was searched … Continue reading