- NJ.com: Murphy vetoes bills requiring cops to use body cameras, citing cost and privacy concerns
- N.D.Ohio: Giving a drug courier a duffel bag doesn’t allow one to retain standing under a bailment or joint possession theory
- CA7: Ptf was a trespasser who had no REP
- CA1: Gunshot from within while waiting for SW justified entry and sweep
- D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it
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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: Rule 41(g) / Return of property
W.D.Pa.: Intervention for return of A-C privileged information denied as moot because they have the information
Intervention in a criminal case to attempt to recover information obtained in alleged violation of the attorney-client privilege is denied as moot. They already have that information, and there is a fundamental difference between recovery of property under Rule 41(g) … Continue reading
Just because the state trial judge’s signature was illegible doesn’t violate the Fourth Amendment. The judge’s name was stamped below. United States v. McElroy, 2020 U.S. Dist. LEXIS 132608 (D. Ore. July 24, 2020). Franks challenge fails: “Thus, the bottom … Continue reading
Both the Fourth Amendment and Ohio law permitted law enforcement to seek private assistance in executing a search warrant, here of a computer, and the search was conducted by the company that owned the computer. United States v. Powell, 2020 … Continue reading
“[W]e find that a motion for the return of seized property may be a viable means to request the return of property even after conviction. Therefore, the trial court erred when it denied Mr. Castagnola’s motion for the return of … Continue reading
MN: Return of digital copies of attorney’s files seized by SW was only issue and now moot; legality of SW comes later
The attorney here was the target of a search warrant for all her files where the attorney was the suspect, not a client. That distinguishes O’Connor. The parties, the client interveners, and amici have briefed all kinds of constitutional arguments … Continue reading
W.D.N.Y.: Just because the govt can’t unlock def’s iPhone doesn’t mean he can get return of it under Rule 41(g)
Just because the government hasn’t yet accessed defendant’s iPhone because it can’t crack the code to unlock it doesn’t mean that defendant can get it back under Rule 41(g). It’s still potential evidence. United States v. Morgan, 2020 U.S. Dist. … Continue reading
Plaintiff seeks preindictment suppression of evidence and return of evidence of illegal employment of undocumented workers. Preindictment suppression is based on equitable grounds. In the face of the good faith exception, Koch Foods can’t show that it does not apply … Continue reading
“[T]he law is clear that a police officer’s check of a person’s Bureau of Motor Vehicles records does not implicate Fourth Amendment rights, as it does not constitute an invasion as it involves no intrusion.” State v. Price, 2020-Ohio-220, 2020 … Continue reading
Venue for a motion for return of seized property is where the property was seized, here the E.D. N.Y. United States v. Collado, 2020 U.S. Dist. LEXIS 7873 (S.D. N.Y. Jan. 16, 2020). Defense counsel wasn’t ineffective for not challenging … Continue reading
Plaintiff pro se and post-conviction filed a pleading for return of property. Some was forfeited, and it was treated as a motion to set aside the forfeitures. Some were not forfeited, and there is no statute of limitations for equitable … 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
IL: Once def was acquitted, seized computer data should have been returned, not searched again without a warrant
Defendant was a Peoria police officer being accused of sexual assault, and the Illinois State Police obtained a search warrant for his computer and other devices. The hard drives were copied with EnCase software. Defendant was tried on the sexual … Continue reading
Officers were entitled to qualified immunity because plaintiff could not establish that they used excessive force in violation of the Fourth Amendment. The evidence indicated that the use of force was justified under the circumstances. Because the officers thought they … Continue reading