- CA9: While there was no basis for def’s stop, his and his passenger’s flight after stopping was an intervening circumstance
- W.D.La.: A state judge without terroritial jurisdiction doesn’t violate Stored Communications Act
- S.D.N.Y.: A prison cell search doesn’t need justification
- CA9: Parole search ability extends to trunk of car
- Olean Times Herald: Nevada considers technology to scan cellphones after crashes
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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
WGNO: Police find gun concealed in buttocks of Lafourche Parish man: GOLDEN MEADOW, LA – Deputies at the Lafourche Parish Jail found a gun concealed in the buttocks of a man arrested after police found a “zip gun” and homemade … Continue reading
NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house
The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading
E.D.Ky.: Searching def’s underwear for drugs at 1:24 am on a virtually empty street that nobody likely saw was not unreasonable
The officer’s search of defendant’s underwear for drugs at 1:24 am on a dark night and nearly empty street was not a strip search and it was reasonably conducted. Nobody else was close enough to see anything. United States v. … Continue reading
W.D.Mich.: In a prison male group strip search, def female guard doesn’t show QI from how it was done
In a prison group strip search, “Defendant has failed to properly support her motion for summary judgment with relevant evidence showing the existence of a legitimate penological need for the group strip search and why her presence inside the Chapel … Continue reading
CA5: Mass suspicionless strip search of a class of 6th grade girls was clearly unreasonable with a failure to train on policy that would have prevented it
“During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district … Continue reading
The smell of marijuana came from the passenger compartment, and the court finds that the probable cause that it creates is limited to the passenger compartment under the automobile exception. United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. … Continue reading
Plaintiff’s pro se lawsuit over his strip search necessarily is an attempt to impugn the integrity of his criminal conviction for drug trafficking, so it is barred by Heck v. Humphrey. Johnson v. Waters, 2018 U.S. Dist. LEXIS 96255 (N.D. … Continue reading
Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading
Defendant’s partial strip search at the stationhouse in a private room was reasonable for its factual basis and how it was done. After a dog alert on defendant’s car seat and no drugs in the car, it was reasonable to … Continue reading
OH Ct.Claims: Ptf prison visitor didn’t prove her strip search was justified or unreasonably conducted
Plaintiff failed to prove her visitor strip search claim against the prison guards involved. The search was based on sufficient particularized suspicion that drugs were coming in through this visitor. The court finds she didn’t remember signing the form about … Continue reading