- OH5: Officer’s entry into garage following erratic driver was justified as a welfare check on condition of driver, even though she was helped into the house
- CA11: No justification is needed for a jail booking strip search
- PA: Officer retaining ID means citizen not free to leave and is seized
- MT: If only car color doesn’t match registration and everything else is correct, no RS
- WaPo: Editorial: A scary new facial recognition tool underlines the urgent need for privacy laws
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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
OH6: Flawed justification for ordering def out of vehicle wasn’t prejudicial where Mimms allowed it in any event
“Nevertheless, while the officers may have been mistaken in their belief that a search of the vehicle could be performed absent a custodial arrest, their flawed justification for ordering the occupants out of the vehicle was not prejudicial here. This … Continue reading
D.Kan.: Consent search of truck led to PC it was hauling a lot of cash; use of a drill then to try to find it was reasonable
Defendant was stopped and consented to a search of his truck. The consent search led to probable cause to believe the truck was transporting a lot of cash. Using a drill to find the cash was reasonable once there was … Continue reading
Defendant seeks return of things of potential evidentiary value. The government opposes on the ground that a 2255 has not yet been filed, and the things might still have value. That’s reasonable for the court. United States v. Saldivar, 2019 … Continue reading
OH7: Officer’s stop of def outside of jurisdiction wasn’t unlawful because local officers were ultimately there, too
Defendant was stopped outside the officer’s jurisdiction. The officer had probable cause to stop and detain defendant when he personally observed defendant’s traffic violation and personally observed defendant’s slurred speech and sluggish motor skills. The interest in protecting the public … Continue reading
CA5: Heien objective reasonableness applies to a stop for driving too slow even though it was just def’s car in traffic
Driving too slow for too long justifies a stop, at least Heien makes it reasonable: “Given the dearth of authority on whether a single vehicle constitutes traffic …, the ambiguity in the statute, and the danger observed by the officer, … Continue reading
Reason: Volokh Conspiracy: Impressions from the oral argument in Kansas v. Glover by Orin S. Kerr On reasonable suspicion and how to calculate it.
OH4: Heien good faith mistake of fact doesn’t apply to a stop under a completely inapplicable ordinance
Defendant’s stop was unreasonable, and Heien’s good faith mistake of fact doesn’t apply. The city code provision dealt with turning at intersections, and the officer stopped defendant for turning into a driveway which is not an “intersection.” State v. Ware, … Continue reading
AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable
Defendant was unreasonably and mistakenly arrested without the officer having the arrest warrant in hand as required by state law, and the search incident to the arrest is suppressed. The court finds Heien and the good faith exception inapplicable because … Continue reading
CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different
The defendants observed plaintiff’s actions and they saw probable cause to believe he committed trespass. Therefore, the false arrest claim fails. His excessive force claim, however, survives summary judgment. Using the criminal trial testimony wasn’t particularly helpful or controlling because … Continue reading
Defendant was a part time police officer conviction of state civil rights violations for sexual assault during frisks of women that clearly exceeded the Fourth Amendment. State v. Sanderson, 2019-Ohio-3589, 2019 Ohio App. LEXIS 3673 (2d Dist. Sept. 6, 2019).* … Continue reading