- FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy
- W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant
- PA directs parties to brief whether Carpenter applies to real time CSLI
- Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search
- TN: Defense counsel’s failure to predict Riley wasn’t IAC
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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: Scope of search
WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases by Nick Miroff:
The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading
Defendants were properly denied qualified immunity in using excessive force to arrest plaintiff. Plaintiff’s version of the facts showed clearly established rights were violated. Heck v. Humphrey didn’t apply because plaintiff wasn’t seeking to attack his conviction. Cendan v. Trujillo, … Continue reading
Throwing a black pouch onto the roof of a building in flight from the police as he climbed over a fence was abandonment. United States v. Gaines, 2019 U.S. Dist. LEXIS 134303 (D. Kan. Aug. 9, 2019).* The search warrant … Continue reading
Defendant’s camper was on the curtilage right next to the house and connected by “living debris” [junk?], and “not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth … Continue reading
E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE
The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading
N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed
For the government to rely on the good faith exception by claiming the attachment limiting the warrant was attached to the search warrant, it bears the burden of showing that, and it didn’t. United States v. Chang, 2019 U.S. Dist. … Continue reading
The scope of search authorized under the warrant wasn’t preserved below, so it’s waived for appeal. Commonwealth v. Handley, 2019 PA Super 201, 2019 Pa. Super. LEXIS 638 (June 28, 2019). The affidavit for search warrant was not “bare bones” … Continue reading
MN: Search of rented room in single family dwelling was reasonable under SW; it wasn’t apparent it was rented
In a stipulated evidence suppression hearing, defendant did not preserve the issue he presents for appeal. Going to the merits anyway, defendant claimed that his rented room in what was, for all appearances, a single family dwelling was reasonable. The … Continue reading
D.N.M.: When PC is based on an IP address, any computer or cell phone on the premises can be the subject of the SW
Any computer or cell phone on the premises can reasonably be believed to have connected to the internet. “Nevertheless, Ms. Laurezo does not cite to any authority that requires a search warrant based on an IP address being used to … Continue reading
The search warrant for defendant’s house included his car if found “near,” and it was not overbroad. It might have better for there to be a search warrant just for the car, too, but that’s not constitutionally required. United States … Continue reading