- The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges
- KY: Police use of license plate reader violates no REP
- LA5: Scope of auto exception search is the PC that authorizes it
- GA: While state database showed def’s car uninsured, his proof of insurance on phone app was enough to show lack of PC for impoundment
- CA3: Playpen SW violated Rule 41 and 4A, but GFE saves the search
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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: Police misconduct
WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’ by Cleve R. Wootson Jr. & Mark Berman:
WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated by Philip Bump:
NYTimes: A Warrant to Search Your Vagina by Andrea J. Ritchie:
NPR (via KUAR): Baltimore Police Caught Planting Drugs In Body-Cam Footage, Public Defender Says by Bill Chappell:
Chicago Reporter: Police misconduct payouts continue to break the bank in Chicago by Jonah Newman: In its final report last April, the task force criticized the city’s police oversight bodies for failing to analyze these lawsuits for trends or patterns, … Continue reading
I’ve heard of searches being reenacted for the benefit of other police officers for cover, to make the search look lawful. This may be the first I’ve heard of with a body camera. I should have seen this coming because … Continue reading
Plaintiff had enough evidence of CI misconduct in planting evidence and police turning a blind eye toward it to survive summary judgment. Santiago v. Lafferty, 2017 U.S. Dist. LEXIS 49177 (D. Mass. March 31, 2017):
LA Times: If sheriff’s deputies are involved in misconduct, prosecutors have to know (Editorial) There are about 300 Los Angeles County deputy sheriffs and higher-ranking officials whose personnel files include evidence that they lied, took bribes, used excessive force or … Continue reading
The special needs doctrine justified warrantless random drug testing of juvenile detention officers. A documented problem of drug abuse is not required before they can be tested. The government satisfies its burden for random drug testing in this context balanced … Continue reading
WaPo: ‘The Watch’ Blog: South Carolina police shot a man to pieces over $100 worth of pot, then lied about it
WaPo: ‘The Watch’ Blog: South Carolina police shot a man to pieces over $100 worth of pot, then lied about it by Radley Balko: Prosecutors drop drug charges against Julian Betton after cops’ account of the raid that paralyzed him … Continue reading
Miami Herald: Ex-cop convicted of stealing from drivers during traffic stop by David J. Neal:
WaPo: The Watch Blog: DOJ report: Arrests without PC, held for days without a lawyer; here it’s a “CID hold”
WaPo: The Watch Blog by Radley Balko: Incredible Justice Department report finds brazen and systemic police abuse in Louisiana. Officers in two departments made hundreds of “secret” arrests without probable cause. The arrests typically included strip-searches, and arrestees could be … Continue reading