- AK: Search of def’s rifle case was unreasonable; he was doing nothing wrong
- D.N.M.: Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration
- S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information
- E.D.Mich.: Illegally obtained evidence cannot be used to establish probable cause
- W.D.La.: Officers’ subjective belief in def’s standing at time of search isn’t material to the court’s determination on objective facts
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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: Motion to suppress
Defendant’s suppression argument five months after conviction is too late. Besides, it doesn’t allege anything of substance anyway. United States v. Alahmedalabdaloklah, 2018 U.S. Dist. LEXIS 189719 (D. Ariz. Nov. 6, 2018).* Defendant’s search claim is denied without even telling … Continue reading
A ruling on a motion to suppress during the proceedings is subject to change. It is not governed by res judicata because it isn’t final. United States v. Baez, 2018 U.S. Dist. LEXIS 184017 (D. Minn. Aug. 30, 2018), adopted, … Continue reading
DE: Motion deadlines are there for a reason; the defense doesn’t show “exceptional circumstances” to overcome the deadline
There are motion deadlines for a reason. Former defense counsel reviewed the file and didn’t see a basis for a motion to suppress. Another defense lawyer came in and did. The excuse for getting around the deadline is late disclosure … Continue reading
WV: Def can’t show abuse of discretion for trial court to not consider oral motion to suppress instead of a written one
Defendant can’t show an abuse of discretion from the trial judge’s declining to consider an oral motion to suppress. The rule says it’s in the discretion of the trial court. State v. Gaiser, 2018 W. Va. LEXIS 370 (May 14, … Continue reading
An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018). Driving a car at a … Continue reading
“A suppression hearing is preparatory, because it relates to auxiliary issues not immediately relevant to the question of guilt and is held in anticipation of certain evidence being introduced at a forthcoming trial.” A motion in limine is not a … Continue reading
CA1: Suppression motion was untimely without a showing of good cause, and it would not be determined on appeal
“Sweeney neither challenged the finding of untimeliness before the district court, nor does he now argue that his delay in filing the motion to suppress was excused by good cause. As such, because of his waiver, we need not address … Continue reading
The affidavit for the search warrant alleged the house was defendant’s house. The government was judicially estopped from claiming otherwise in the proceeding without real evidence the affidavit was wrong. [I’ve been arguing this for years; see Treatise § 4.03.] … Continue reading
W.D.Ky.: Motion to reconsider denial of motion to suppress only raised a trial issue, not a suppression issue, so denied
Defendant’s motion to reconsider the prior denial of a motion to suppress is denied because he raises essentially only an issue for trial as to where a gun was found, not to suppress evidence. United States v. Keeling, 2018 U.S. … Continue reading
Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading
W.D.N.C.: Def counsel’s busy schedule not “good cause” for motion to file motion to suppress out of time
“In his amended motion for leave, counsel admits that he received the discovery in this matter from the Government on or about October 19, 2017, but states that he was not ‘in a position to effectively review’ such materials until … Continue reading
Defendant was added to a conspiracy case after the codefendants had a suppression hearing. It was at first agreed that their suppression hearing testimony could be considered as to defendant as well, but then defendant equivocated on that. To some … Continue reading