- Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members
- N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE
- GA: Giving computer password out gives recipient apparent authority to consent
- CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence
- OH11: Pre-Carpenter CSLI was lawfully obtained in good faith
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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: Reasonableness
In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading
The City’s chalking a car tire for a potential parking violation invades the property of the owner of the vehicle and constitutes a search. Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019):
Despite his lack of standing, defendant seeks to cast this automobile exception search as having its genesis in an overlong traffic stop, thus unreasonable under Rodriguez. This was not just a traffic stop; it was a felony stop, and the … Continue reading
E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable
Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading
CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team
A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading
Defendant’s cell phone was lawfully seized but apparently forgotten about. In preparation of the case, an assistant prosecutor found out about it and sought a search warrant, 536 days after seizure. The delay was unreasonable, and the phone’s contents are … Continue reading
The state concedes that one flashing his high beams for one second twice 14 seconds apart at a vehicle in front of him for not moving is not a violation of the statute for unnecessarily driving on high beams. Nevertheless, … Continue reading
S.D.N.Y.: Use of military weaponry (flash bang) in a residential neighborhood is LEO discretion under FTCA
The choice of law enforcement officers to use flash bang devices in a residential neighborhood at 4 a.m. is discretionary with the police and not unreasonable as a matter of law: “weighing of such risks against the necessity of using … Continue reading
A reserve deputy followed defendant who was driving badly and then she ran into a car in her driveway. He stopped behind her and told her to “hang tight,” and he called for a deputy. The stop was reasonable, considering … Continue reading
W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway
A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading
Defendant was tracked by a state issued tracking warrant. A state imposed limitation on the tracking warrant was arguably violated, but that doesn’t by any means mean that the Fourth Amendment was violated when his case was brought in federal … Continue reading
The state’s claim of a Heien-type mistake of law fails. The statute is not ambiguous, and the defendant didn’t violate it. State v. Trout, 2019 Ohio ___, 2019 Ohio App. LEXIS 124 (5th Dist. Jan. 15, 2019). Defendant operated a … Continue reading