- D.Neb.: Def was being tailed on a DEA tip; a traffic stop ripened to RS
- Cal.1: Refusing entry to home for police to investigate gunshots outside wasn’t exigency
- E.D.Tex.: Officer who knew def’s LPN was expired didn’t have to look again before calling it in the next time he saw the car
- W.D.Pa.: Four prior controlled buys and def’s arrival at location for another was PC
- Two on plain view
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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: Excessive force
“We conclude that Detective Minium is entitled to qualified immunity. It was not clearly established in August 2014 that an officer uses excessive force when he tackles and uses a taser in “drive stun” mode on an individual he is … Continue reading
Philadelphia Inquirer: It should be unconstitutional when police officers kill fleeing felony suspects, Philly DA’s office says
Philadelphia Inquirer: It should be unconstitutional when police officers kill fleeing felony suspects, Philly DA’s office says by Chris Palmer:
E.D.Mich.: Private security guards conducting search for weapon and turning over to police was private search
Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to … Continue reading
OH5: Officer doesn’t need to be able to quote a statute in court to issue a ticket for violation of it
Even if the officer had an ulterior motive for defendant’s stop, it was based on probable cause of a traffic offense. The fact the officer couldn’t quote the statute in court doesn’t show that the stop was unreasonable or without … Continue reading
Officers were entitled to qualified immunity because plaintiff could not establish that they used excessive force in violation of the Fourth Amendment. The evidence indicated that the use of force was justified under the circumstances. Because the officers thought they … Continue reading
Plaintiffs’ Fourth Amendment rights were not violated by police officers taking their photographs and fingerprints based on reasonable suspicion during valid Terry stops, because plaintiffs had no reasonable expectation of privacy in physical characteristics that were constantly exposed to the … Continue reading
NY4: Summary judgment on false arrest and excessive force claim without considering officers’ testimony in underlying criminal trial was error
Summary judgment against the defendants for false arrest and excessive force was improperly granted without considering the transcript of plaintiff’s criminal trial and the officers’ testimony there. Hernandez v Denny’s Corp., 2019 NY Slip Op 08302, 2019 N.Y. App. Div. … Continue reading
During a no-knock entry with a battering ram by plain-clothes officers for marijuana, plaintiff heard a commotion from the back of his house, reached for a gun, and was shot at 29 times, hit 9 times, and paralyzed. The officer … Continue reading
CA11: Factual dispute as to where misd arrest occurred, in the house or out, denies QI; it appears force used was excessive
Arguable probable cause supported plaintiff’s misdemeanor arrest, but there is a factual dispute denying qualified immunity to the officers of where exactly the arrest started and how it ended up indoors. That remains for trial. The complaint also survives on … Continue reading
The reasonable expectation of privacy in a hotel room expires with the checkout time. Lindsey v. State, 2019 Ga. App. LEXIS 623 (Oct. 29, 2019). The defendant officers were properly entitled to summary judgment on plaintiff’s excessive force claim. Also, … Continue reading
Plaintiff’s body cavity search for a baggie of drugs in her vagina was reasonable by exigent circumstances because of a legitimate fear that she could be harmed and overdose if the bag leaked. Carbone v. Salem, 2019 U.S. App. LEXIS … Continue reading
E.D.Wis.: “the issue is not whether the affiant omitted information the issuing judge may have found relevant; rather, the focus is on the affiant’s state of mind.”
“As indicated, however, the issue is not whether the affiant omitted information the issuing judge may have found relevant; rather, the focus is on the affiant’s state of mind. United States v. Jones, 208 F.3d 603, 607 (7th Cir. 2000). … Continue reading