- DC: Affidavit’s complete failure to show nexus is a lack of PC and good faith
- D.Kan.: USAO in Kansas in contempt for handling litigation over recording attorney-client jail calls
- D.Ore.: Rental car company can’t be a third-party consenter just because def was unauthorized driver
- D.V.I.: Inevitable discovery fails here because the govt doesn’t show it was trying to get a SW
- NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database.
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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: Roadblocks
NBC15: Frustration over spike in gun violence prompts district push for police checkpoints by Nicole Fierro: MOBILE, Ala. (WPMI) — Frustration over heightened gun violence is driving councilmembers to propose new actions. However, Mobile’s public safety director says some ideas … Continue reading
“In sum, the record establishes that the checkpoint at which Mink was stopped was not implemented in an unreasonable fashion under the Fourth Amendment. Instead, the checkpoint ‘was clearly aimed at reducing the immediate hazard posed by the presence of … Continue reading
“The selection and operation of the roadblock checkpoint was in substantial compliance with the Tarbert/Blouse guidelines.” Safety concerns are a proper concern in selection of the place for a DUI checkpoint. Commonwealth v. Mercado, 2019 PA Super 63, 2019 Pa. … Continue reading
Reason.com: NYPD Orders Google to Trash Checkpoint Warnings by Joe Setyon:
SF Chronicle: On the road to Burning Man, traffic stops and drug searches fuel backlash by Peter Fimrite:
TN: DUI checkpoint invalid: No advance warning, no bidirectional stopping, bad planning because traffic backed up right away, didn’t follow procedures
“The State has failed to show that the checkpoint was established and operated in accordance with predetermined operational guidelines or with supervisory authority that minimized the risk of arbitrary intrusion on liberty and limited the officers’ discretion at the scene.” … Continue reading
Police set up a perimeter a distance around the scene of a home invasion looking for the car involved, and defendant’s car was stopped. This checkpoint stop was valid under Illinois v. Lidster. United States v. Gilmore, 2018 U.S. Dist. … Continue reading
CA5: Greyhound bus interdiction at Conroe TX was not a checkpoint stop; defendant disclaimed bag and bus driver’s consent applied to it
A Greyhound bus interdiction at Conroe, Texas was not a checkpoint stop. Two plainclothes officers got on the bus and walked down the aisle. Defendant was feigning sleeping. He ultimately consented to a search of a bag over his head … Continue reading
Stunning, the chutzpa of the Michigan State Police: Michigan Daily: Libertarians protest roadside drug-testing program by Leah Graham:
Pennsylvania State Police and environmental inspectors set up a roadblock into a landfill to inspect commercial trucks. In defendant’s truck they found some beer, and he was charged with DWI and “unlawful activities.” The stop and inspect of defendant’s truck … Continue reading
Officers responding to an armed robbery call were in the vicinity and parked in the street with top lights on along a possible escape route creating de facto checkpoint or roadblock. Because of time of day, there were few cars … Continue reading