- MN: Another’s outside storage unit at an apartment building found because its key was found during a search of the apt couldn’t be searched under apt SW
- CO: Def’s DNA was unlawfully collected in a juvenile proceeding and entered into CODIS, and the exclusionary rule is applied
- W.D.Va.: § 1983 case over same search lost in state court is barred by Heck
- LA1: Changing suppression issue on appeal from lack of PC to arrest to an unreasonable search is waiver of the issue
- S.D.N.Y.: Exclusionary rule doesn’t apply to federal supervised release hearings
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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: Informational privacy
NC: While watching a house just before SW execution in a drug case, transfer of boxes between cars was RS for visitor’s car
Reasonable suspicion here came from the fact that defendant transferred boxes from the vehicle of a target of a search warrant to his own while officers were watching, warrant in hand. His driving wasn’t evasive, and he likely didn’t even … Continue reading
BLT: Feds Reveal New Details About Secret Database of Phone Records by Zoe Tillman: The U.S. Department of Justice, forced by a judge to reveal information about a secret law enforcement database of phone records, on Thursday disclosed new details … Continue reading
City AM: Uber has five out of six bases in New York City suspended after failing to hand over trip records
City AM: Uber has five out of six bases in New York City suspended after failing to hand over trip records by Guy Bentley: New York City has suspended the majority of Uber bases after the taxi app company refused … Continue reading
TechDirt: Court Asked Why There’s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself
TechDirt: Court Asked Why There’s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself by Tim Cushing: from the warrants-warranted dept
WaPo: Volokh Conspiracy: Los Angeles v. Patel and the constitutional structure of judicial review by Nicholas Quinn Rosenkranz: On March 3, at 10 a.m., the Supreme Court will hear arguments in Los Angeles v. Patel, a fascinating case about the … Continue reading
NYLJ: Does ‘Riley’ Portend the Demise of the Third Party Doctrine? by Peter A. Crusco: In his Cyber Crime column, Peter A. Crusco, executive assistant district attorney, investigations division, Office of the Queens County District Attorney, addresses ‘Riley’ and its … Continue reading
Local police and private license plate reader data goes into a private database to locate you nationwide
Remember your local police license plate readers? The private National Vehicle Location Service (NVLS) gathers that information from them and private sources, and then law enforcement can get it from everywhere in the country to prove where your car was. … Continue reading
TechDirt: Google Files Legal Challenge To Attorney General Jim Hood’s Subpoenas: from the well,-well dept This story sure escalated in a hurry. Following all the news of the MPAA’s tight relationship with Mississippi Attorney General Jim Hood, Google has made … Continue reading
TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data
TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data by Tim Cushing: from the it’s-1979-all-over-again! dept Last month, AT&T entered an amicus brief in the US v. Quartavious Davis … Continue reading
Cal.1: Taking DNA from an arrestee violates the California Constitution; Maryland v. King distinguished
California’s Constitution and DNA statute is different than Maryland’s in Maryland v. King so taking DNA from an arrestee is unconstitutional. People v. Buza, 2014 Cal. App. LEXIS 1100 (1st Dist. December 3, 2014):
WaPo: Is Uber’s rider database a sitting duck for hackers? by Craig Timberg: Imagine for a second that your job is to gather intelligence on government officials in Washington, or financiers in London, or entrepreneurs in San Francisco. Imagine further … Continue reading
AK: The exclusionary rule does not apply in DL suspension proceedings, except where there is conduct shocking to the conscience
The exclusionary rule does not apply in drivers license suspension proceedings, except where there is conduct shocking to the conscience. Here, it’s not. Garibay v. State, Dept. of Administration, Division of Motor Vehicles, 2014 Alas. LEXIS 222 (November 28, 2014). … Continue reading