December 2022 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
- MN: “Deer-in-the-headlights” look is a factor in RS
- D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated
- Reason: The Federal Government’s Plan to Track Truckers’ Every Movement Is a Privacy Nightmare
- N.D.Cal.: There’s almost always PC in the contents of a stolen car, such as something of owner’s
- D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant
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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
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"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: Private search
D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms
A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading
In determining probable cause, “reliable hearsay” may be considered. State v. Dixon, 2022 Minn. LEXIS 483 (Nov. 9, 2022). The question of lack of probable cause was not in the motion to suppress, but the trial court held there was, … Continue reading
The protective sweep here looking under the bed was reasonable. It’s where people hide. Defendant’s contention the sweep went further isn’t clear. Some things were moved and opened, but a search warrant had been executed between the sweep and her … Continue reading
Police attempted a knock-and-talk at a motel, but no one opened the door. The motel owner here was watching so he opened the door on his own. He asked the officers before he did, but they said they needed a … Continue reading
MN: When prosecution shows private search doctrine applies, defense has burden to show government action
When a defendant moves to suppress the evidence obtained from a warrantless search and the State proves that the private search doctrine applies, the burden to show that the private party was acting on behalf of the government falls on … Continue reading
A condominium association installed a newer fire protection system, and it was subject to annual testing. The ordinance only required it be tested by somebody, and who would likely be a contractor. It did not compel a search under the … Continue reading
A foreseeability requirement in the private search doctrine, apparently applicable in the Fifth Circuit is not followed in this district court in the Eighth Circuit. United States v. Hayes, 2022 U.S. Dist. LEXIS 98528 (D.Iowa June 2, 2022):
Defendant’s former girlfriend found child pornography on his computer. She took the computer to the Reno sheriff’s office, and the police there had her show them what she did and go no farther. This was admitted by the government to … Continue reading
“We conclude Defendant’s motion was insufficiently particular to alert the metropolitan court or State that the grounds for suppressing evidence related to the checkpoint’s illegality.” “Defendant’s motion, rather, was based upon the State lacking reasonable suspicion to detain Defendant. The … Continue reading
A criminal defense lawyer stated a claim against a private prison operator under the wiretapping laws for recording attorney-client calls. Bliss v. Corecivic, 2022 U.S. Dist. LEXIS 10953 (D.Nev. Jan. 18, 2022). 2254 petitioner’s illegal search claim barred by Stone. … Continue reading
The trial court suppressed the search of defendant’s backpack as incident to his arrest. The trial court heard conflicting testimony on whether it was within his reach, and concluded it was not. That’s binding on the standard of review. State … Continue reading
The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne … Continue reading
NCMEC is not a government actor for Fourth Amendment purposes. Even if it was, its search did not exceed that of the private searcher that forwarded the information to it. “Because Meals has not carried his burden concerning NCMEC’s participation … Continue reading
“Wimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the … Continue reading
Carpenter does not apply to private searches, citing United States v. Miller, 982 F.3d 412, 431 (6th Cir. 2020), and United States v. Ringland, 966 F.3d 731, 737 (8th Cir. 2020). Kleiser v. Chavez, 2021 U.S. Dist. LEXIS 232013 (W.D.Wash. … Continue reading
Defendant was involved in a struggle with another in a car, and he reached for the console to open it, and a gun was briefly visible. When he was finally arrested, a warrant was not required for search of the … Continue reading
The Fourth Amendment does not apply to a growing tree which is part of the real property. “But the Supreme Court has told us that real property is not an ‘effect’ within the meaning of the Fourth Amendment. Oliver v. … Continue reading