- CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint
- E.D.Cal.: Alleged search of a public computer in a library for ptf’s usage didn’t violate any REP
- W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports
- D.Mass.: Def made his Franks challenge at the suppression hearing; statement was reckless and completely undermined nexus to house
- IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law
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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: Informant hearsay
The defendant’s alternative argument about how the child pornography ended up on defendant’s computer didn’t undermine the probable cause for the search warrant. “The Court has already addressed Defendant’s argument that a single connection between a home computer and a … Continue reading
The two CI’s stories were weak in themselves, but the police succeeded in corroborating enough to rise to probable cause. State v. Matheson, 2018 Utah App. LEXIS 66 (Apr. 13, 2018).* Hitting the lane dividing line was justification for the … Continue reading
“We conclude that, contrary to Combs’ assertions, there is no evidence that Davis intentionally or recklessly omitted material information from the affidavit. In fact, Davis’s testimony at the suppression hearing shows that the facts not included in the affidavit would … Continue reading
There was reasonable suspicion for defendant’s stop based on the fact the vehicle matched the description of one leaving the scene of a robbery by time and proximity, too. United States v. Daniel, 2018 U.S. App. LEXIS 8504 (8th Cir. … Continue reading
The CI’s story was confirmed by two controlled buys. The Franks challenge to the CI fails as to whether it was corroborated or completely immaterial because of the controlled buys. United States v. Carney, 2018 U.S. App. LEXIS 8116 (3d … Continue reading
Defendant’s cross-examination of officers on the alleged lack of quality of their investigation opened the door to why they were there, the CI’s story. The trial court mitigated the prejudice by a limiting instruction. People v. Brown, 2018 NY Slip … Continue reading
The anonymous tip in this case was not corroborated, and it was insufficient even under the Tennessee Supreme Court’s 2017 adoption of Gates and rejection of Aguilar-Spinelli. State v. Dibrell, 2018 Tenn. Crim. App. LEXIS 224 (Mar. 26, 2018). There … Continue reading
The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state’s plain view argument is unavailing because it wasn’t immediately apparent to the officers. “We further find little … Continue reading
The police received informant hearsay, and sought to corroborate it, and a trash pull did it. State v. Rieves, 2018-Ohio-955, 2018 Ohio App. LEXIS 1021 (8th Dist. Mar. 15, 2018). The town’s housing inspection scheme is reasonable under the Fourth … Continue reading
The search warrant issued by a state grand jury are still entitled to grand jury secrecy, compared to other judicial records. The court followed In re Gwinnett Cty. Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008). In re 2014 … Continue reading