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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
WaPo: Every move you make, every step you take, something’s tracking you by Craig Timberg: It’s that time again. We’re on the move — feasting, sharing, shopping, giving thanks. And we are being tracked every step of the way. So … Continue reading
Arkansas Business: Car-Mart Uses GPS To Improve ‘Efficiency’ by Marty Cook:
S.D.Cal.: An order to obtain historical cell site location information does not require probable cause
An order to obtain historical cell site location information does not require probable cause because it is a mere business record. Real time information does. United States v. Martinez, 2014 U.S. Dist. LEXIS 153485 (S.D. Cal. October 28, 2014):
NJLJ: AG Test Case Seeks Phone Records Without a Warrant by Mary Pat Gallagher: The New Jersey Attorney General’s Office, which in a memo leaked to the Law Journal in June said it was looking for a test case it … Continue reading
Wired: Virginia Police Have Been Secretively Stockpiling Private Phone Records by G.W. Shultz: The database, which affects unknown numbers of people, contains phone records that at least five police agencies in southeast Virginia have been collecting since 2012 and sharing … Continue reading
Real-time cell site location information is protected under Fourth Amendment. Tracey v. State, 2014 Fla. LEXIS 3072 (October 16, 2014). This is a fascinating opinion, and it’s the most sensitive review of the issue yet:
Cell site location information was obtained by court order for defendants’ cell phones to connect them to robberies. There is no reasonable expectation of privacy in the location data stored by another and the Stored Communications Act was complied with. … Continue reading
WaPo: Volokh: Intelligence Squared debate: Mass collection of U.S. phone records violates the Fourth Amendment
WaPo: Volokh: Intelligence Squared debate: Mass collection of U.S. phone records violates the Fourth Amendment by Nicholas Quinn Rosenkranz: Intelligence Squared presented an excellent debate last week at the National Constitution Center in Philadelphia — “Resolved: Mass collection of U.S. … Continue reading
JD Supra: Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras
JD Supra: Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras byGary Schons: While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment … Continue reading
NJLJ: Bills Would Restrict Access to Cars’ ‘Black Box’ Data: New Jersey lawmakers may soon enact legislation that would limit access to information from event data recorders installed in automobiles that track speed, location, time of use and the number … Continue reading
NY Times: News Analysis: We Want Privacy, but Can’t Stop Sharing by Kate Murphy: IMAGINE a world suddenly devoid of doors. None in your home, on dressing rooms, on the entrance to the local pub or even on restroom stalls … Continue reading