- CA11: PC or not, the warrantless entry to arrest ptf violated the 4A
- N.D.W.Va.: One officer can swear to an affidavit prepared by another under the 4A
- WA: Breath for BAC is not subject to search incident doctrine
- Philadelphia Inquirer: As Philadelphia aims to curb racial disparities, why are police stops of black drivers skyrocketing?
- WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000.
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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
FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC
The CI had knowledge defendant was going to commit a robbery and was enlisted to rent a car for it. The CI told the police, and they planted a GPS on the car with the CI’s permission. After the robbery, … Continue reading
ID: State’s claim of exigency for warrantless entry into house was unsupported; suppression affirmed
Defendant was allegedly selling tainted marijuana from his house. Police did a warrantless entry with exigency as the excuse. There wasn’t any claim that anybody inside was in distress, and no questions about it. Suppression affirmed. State v. Sessions, 2019 … Continue reading
LA: Two Rodriguez violations: car searched for weapon without RS then female officer called for a body search
Defendant was detained unreasonably without reasonable suspicion and then her car was searched for a weapon but none was found. Then the detaining officer called for a female officer to conduct a search of her person. “Because reasonable suspicion was … Continue reading
“Second, as to Mr. Ramos-Castillo’s argument that Agent Godier omitted material information by failing to include law enforcement’s numerous promises to Mr. Salazar, the Court finds that the failure to explicitly include this information does not amount to material omission … Continue reading
Search incident for walking in the street instead of on the sidewalk was permissible and that produced keys. Alternatively, officers had reasonable suspicion for a “protective patdown” based on other factors. United States v. Cunningham, 2019 U.S. Dist. LEXIS 164331 … Continue reading
Defendant raised multiple issues in his motion to suppress that led to a general denial “with some reluctance.” The court of appeals doesn’t find enough in the record to resolve what the court was thinking and vacates and remands for … Continue reading
There was a scrivener’s error in describing the cell phone subject to the search warrant, and it could be corrected by looking to the affidavit. State v. Stelly, 304 Neb. 33 (Sept. 13, 2019). Defendant has no claim that the … Continue reading
After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … Continue reading
Relying on factual statements of other law enforcement officers for a search warrant affidavit is more than just adopting the bare conclusions of others. They are entitled to more credibility than statements of CIs. State v. Almahmmody, 2019 Tenn. Crim. … Continue reading
First time CI’s admission of own criminal involvement bolstered his credibility for use in probable cause. State v. Mendoza, 2019-Ohio-3382, 2019 Ohio App. LEXIS 3457 (10th Dist. Aug. 22, 2019). There was probable cause for issuance of the search warrant. … Continue reading
CA11: Officer has discretion to let another take vehicle or impound it with inventory, and he can change his mind
Allowing defendant’s vehicle to be taken by another instead of impounding it was within the officer’s discretion. At first he said he would do that, then changed his mind. That doesn’t make the inventory unreasonable. United States v. Sibert, 2019 … Continue reading
E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it
The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading