- D.D.C.: Messages through Airbnb’s website and app are governed by ECPA
- D.S.D.: Inevitable discovery cures a Rodriguez violation
- OH8: SW for “biological and/or forensic evidence” in a sex crime permitted seizure of a towel
- S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country
- D.Utah: The REP is reduced on the curtilage of a duplex
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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: State constitution
OH4: Knock-and-announce is not a 4A exclusion issue, and no justification shown for state const. to have different result
Failure to knock-and-announce was not a Fourth Amendment violation, and defendant gave no justification for extending the state constitution. State v. Robinson, 2017-Ohio-8274, 2017 Ohio App. LEXIS 4658 (4th Dist. Sept. 27, 2017). Defendant waived his knock-and-announce claim by not … Continue reading
Birchfield came down after the blood draw in this case. Defendant only pled the Fourth Amendment and did not cite the state constitution. There is no good faith exception to the Pennsylvania exclusionary rule, but there is to the federal, … Continue reading
The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading
A homeless man camping in a tent in Vancouver, WA had a privacy interest in his closed tent even though he was camping after hours. State v. Pippin, 2017 Wash. App. LEXIS 2365 (Oct. 10, 2017):
Idaho rejects Heien mistake of law under state constitution. State v. Pettit, 2017 Ida. App. LEXIS 75 (Sept. 29, 2017):
OR: Vehicle didn’t have to be seen moving before stop for automobile exception to apply (state constitution)
Defendant’s car didn’t have to be seen moving at the time of the stop for the automobile exception to apply. State v. Von Flue, 287 Ore. App. 798, 2017 Ore. App. LEXIS 1088 (Sept. 20, 2017)* (state constitution):
OR: Testing for semen in 9 yo girl’s underwear obtained by private search required a SW (under state constitution)
Defendant’s housekeeper’s finding likely semen in his 9 year old daughter’s underwear and turning it over to the authorities was a private search. “[T]esting of the underwear for semen was a ‘search’ under the Fourth Amendment because it significantly expanded … Continue reading
Petitioner’s habeas argument that the search of his home violated the Colorado Constitution has nothing to do with a federal conviction where the search complied with the Fourth Amendment. In any event, he already lost on that issue in the … Continue reading
A digital camera, like a cell phone, can be seized incident to an arrest, but it can’t be searched without a warrant. While SCOTUS hasn’t applied Riley to digital cameras, the state constitution here affords the same protection to digital … Continue reading
CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring
Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading
“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):