- D.Neb.: Def was being tailed on a DEA tip; a traffic stop ripened to RS
- Cal.1: Refusing entry to home for police to investigate gunshots outside wasn’t exigency
- E.D.Tex.: Officer who knew def’s LPN was expired didn’t have to look again before calling it in the next time he saw the car
- W.D.Pa.: Four prior controlled buys and def’s arrival at location for another was PC
- Two on plain view
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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: Informant hearsay
The informant hearsay here was sufficiently corroborated. “The affidavit provides sufficient grounds to assess the veracity and basis of knowledge of CS1’s information. Most of CS1’s information is based on personal observations of Goodman. Those observations, including Goodman’s involvement with … Continue reading
CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn’t live there
Officers got a search warrant for a mobile home, and found out when they executed it that their target didn’t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. … Continue reading
Western Union’s production of money transfer records was a classic third-party record situation where there was no reasonable expectation of privacy. United States v. Escobedo, 2019 U.S. Dist. LEXIS 208067 (D. Mont. Dec. 2, 2019). Defendant’s inconsistent story about whether … Continue reading
Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading
W.D.Pa.: To make an effective attack on a SW affidavit, explain yourself and don’t leave it to the court to try to do it for you
Yes, there were inconsistencies in the informant hearsay, but the defendant doesn’t help the court in what that means. “Thus, Defendant’s hearsay attacks fail to draw the court’s attention to any problem in the magistrate judges’ analysis.” There was double … Continue reading
CA6: Informant’s reliability is the question, and that leads to finding of reliability of his or her hearsay
The CI’s first hand information isn’t constitutionally required for informant hearsay to be deemed credible. The question is the reliability of the informant, not so much the information which usually can’t all be pinned down anyway. United States v. Crawford, … Continue reading
TN: Failure to include the search warrant and affidavit in the record on appeal waives the search issue
Failure to include the search warrant and affidavit in the record on appeal waives the search issue. State v. Parks, 2019 Tenn. Crim. App. LEXIS 740 (Nov. 13, 2019). The officer gets qualified immunity because there was probable cause for … Continue reading
Wisconsin permits warrantless probation and parole searches on reasonable suspicion by any law enforcement officer. Officers had it here based on uncorroborated informant hearsay. The record also supports the trial court’s conclusion that the officer knew of the search condition … Continue reading
The officer had no reasonable suspicion developed from defendant’s traffic stop. The rental car was a one-way rental in the name of another and defendant had multiple cell phones. The stop, for all intents and purposes, appears strung out to … Continue reading
TN: Defense counsel’s failure to object to officer’s testimony of def’s confession during suppression hearing violated Simmons but was harmless
Defendant on post-conviction showed that defense counsel’s performance was deficient for not objecting under Simmons to a state investigator’s testimony that he confessed to the crime in his suppression hearing testimony. Defendant, however, can’t show prejudice because of the other … Continue reading
In a trade secrets theft case, reliance on double hearsay in the affidavit for search warrant was not unreasonable. The source was the company defendant worked for. Defendant relies on the elements of the trade secrets theft law and argues … Continue reading
IL: Two anonymous calls of man with a gun resulted in finding only def in the area who walked like he was holding
The frisk of defendant did not violate the Fourth Amendment, so the trial court did not err by denying defendant’s motion to suppress the firearm. The officer encountered defendant after an unknown caller placed two 911 calls, defendant matched the … Continue reading