- NYTimes: Opinion: Facebook’s Surveillance Machine
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- NJ: Police break-in into apartment building common hallway violated REP
- CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff
- D.Ore.: SW for all emails for 6½ months was overbroad; it could be narrowed for word 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: Arrest or entry on arrest
“This means that pursuant to section 108(1-A), French was not entitled to use nondeadly force against Ferland—who was trying to arrest her—for the purpose of defending her premises, regardless of the lawfulness of Ferland’s entry into the residence or his … Continue reading
M.D.Fla.: Def’s admission he hadn’t used phone in a year when he left it where he last lived supported finding abandonment
During a knock-and-talk, defendant admitted that he had not used a particular cell phone in over a year because it had a cracked screen. He was kicked out of a house and he left it behind with other belongings. Based … Continue reading
The government had detailed facts connecting defendant to a bank robbery and traced his movements, some with surveillance video. This was probable cause, and his arrest was in a public place, the stairwell in a hotel. United States v. Peeples, … Continue reading
NYTimes: New York Detective Guilty of Lying About Drug Arrest by Joseph Goldstein and John Surico: A Queens jury on Wednesday convicted a detective of lying under oath in a trial that raised troubling questions about the prevalence of false … Continue reading
The Atlantic: Can Government Officials Have You Arrested for Speaking to Them? by Garrett Epps The Supreme Court faces a test of the authority of politicians to use police to silence their critics.
NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid
The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. … Continue reading
An ICE detainer signed by an ICE officer authorizing a hold for up to 48 hours on top of state charges was not a violation of the Fourth Amendment. United States v. Gomez-Robles, 2017 U.S. Dist. LEXIS 211348 (D. Ariz. … Continue reading
Roadside field sobriety testing and then a PBT with probable cause is not a search under the Fourth Amendment. Vondrachek v. Comm’r of Pub. Safety, 2017 Minn. App. LEXIS 318 (Dec. 18, 2017). The officer’s observations of defendant was independent … Continue reading
Officers had an arrest warrant for plaintiff and a reasonable belief he’d be at home at 11 pm in February when it would be presumed one would be home. He’d listed that place as his address during a prior arrest, … Continue reading
When the defendant challenges probable cause for arrest, hearsay is admissible to show it. People v. Horine, 2017 IL App (4th) 170128, 2017 Ill. App. LEXIS 743 (Dec. 5, 2017):
CA6: Moving to withdraw plea after three months because “there were technical issues with his arrest warrant” is denied; not a ground for relief
Defendant moved to withdraw his plea three months later because “there were technical issues with his arrest warrant.” “Further, Miller never asserted his innocence, which also weighs against granting the motion. He argued only that he should be permitted to … Continue reading