- MT: Admission at a game checkpoint wasn’t “in custody”
- S.D.Ill.: Officer’s intentional delay in ticketing process made stop violate Rodriguez
- IA: Consent valid based on testimony despite bodycam not picking up voices
- D.P.R.: Officer found not believable on facts allegedly leading to RS
- D.Md.: Off-duty police officer’s in-person tip of possible DWI was RS
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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 still learn something new every day.”
—Pete Townshend, The Who 50th Anniversary Tour, "The Who Live at Hyde Park" (Showtime 2015)
"I can't talk about my singing. I'm inside it. How can you describe something you're inside of?"
"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)
Category Archives: Abandonment
By the time the search occurred here, the defendant had, without doubt, been civilly evicted in NYC, and he even stipulated to loss of the apartment in Civil Court proceedings before the search occurred. Whether there was a notice placed … Continue reading
E.D.Mich.: Govt assertion house was abandoned wasn’t reasonable; yard kept, trash bin out front, van in driveway
The officers weren’t reasonable in their conclusion that the house they searched was abandoned. There was no property record check and the yard was “reasonably kept” with a trash bin out for collection, bars on the windows, and a white … Continue reading
CA6: Hodari D. doesn’t distinguish between accidentally or intentionally dropping contraband; it’s still abandonment
Officers pulled up to stop defendant on the street seeing a gun in his pocket, and he fled, dropping the gun. “Defendant also argues that Hodari D. is inapplicable because he inadvertently dropped his weapon, as opposed to ‘intentionally abandoning’ … Continue reading
“Examining defendant’s conduct objectively I find that he abandoned the duffel bag containing the heroin before the warrantless search he challenges. He left the bag unattended in plain view without an identification tag to show an ownership interest, He deliberately … Continue reading
Throwing a bag aside when seeing the police is an abandonment. It was speculation he would retrieve it if the police didn’t get it. United States v. Morrow, 2017 U.S. Dist. LEXIS 14604 (S.D. Fla. Jan. 20, 2017),* adopted, 2017 … Continue reading
W.D.Va.: Leaving cell phone outside fed courthouse under ashtray, where CSOs commonly recommended hiding phones, was a waiver of REP in phone, albeit not abandonment
Defendant came to the federal courthouse because his mother was being arrested, and DHS officers invited him there. He did not know that he had an arrest warrant, too. When he got to the courthouse, he was told he couldn’t … Continue reading
D.Utah: Tossing bag of drugs onto somebody else’s porch is an abandonment; where the police were standing doesn’t matter
Defendant’s tossing a black bag with drugs onto the porch of another apparently attempting to distance himself from them was an abandonment, and he had no standing as to what was thrown onto the porch. It matters not where the … Continue reading
S.D.N.Y.: Tossing gun in flight is abandonment even if the initial stop would have been unreasonable
Defendant’s tossing a gun in flight from the police is abandonment no matter how unreasonable the initial stop might have been. United States v. Jones, 2016 U.S. Dist. LEXIS 173592 (S.D.N.Y. Dec. 14, 2016):
DE: CI reported arrest warrant for def so he was arrested; no warrant, however, so search incident was invalid
A CI told the police that defendant had a warrant for his arrest. Without checking, the police arrested. There was no warrant, and the search incident to arrest is void. State v. Rodriguez, 2016 Del. Super. LEXIS 642 (Dec. 21, … Continue reading
FL4: Password protected cell phone left in a stolen car still had a REP in its contents; that’s what the password means
Defendant juvenile left a cell phone in a stolen car, and it was password protected. The password protection “clearly indicat[ed] an intention to protect the privacy of all of the digital material on the cell phone or able to be … Continue reading