- St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis
- CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed
- CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas
- CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offender
- DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”
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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: Seizure
“Advising a person of legitimate consequences [of a BAC test] is not considered coercion. Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.” State v. Street, 2020 Del. Super. LEXIS 2791 (Sept. 17, 2020). When … Continue reading
The Office of Foreign Asset Control’s sanctions for certain transactions that results in a block of the transaction wasn’t a Fourth Amendment seizure. US VC Partners GP LLC v. United States Dep’t of the Treasury, 2020 U.S. Dist. LEXIS 170713 … Continue reading
“The district court did not err by denying Turner’s motion to suppress. Delgado was entitled, ‘without any level of suspicion,’ to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he … Continue reading
Defendant’s illegal stop claim for having an open container in San Antonio wasn’t presented in the trial court so it’s waived. Sowers v. State, 2020 Tex. App. LEXIS 7473 (Tex. App. – San Antonio Sept. 16, 2020).* “This Fourth Amendment … Continue reading
PA: Def who encountered police officer in apt building parking lot as police cars entered with lights and sirens would not feel free to leave
“In viewing the totality of the circumstances surrounding the incident, a reasonable person, innocent of any crime, would not believe that he or she was free to leave. The initial encounter between Officer Smith and Appellant commenced when Officer Smith … Continue reading
“Here, Watkins did not state a plausible claim that Willson violated his Fourth Amendment rights because Willson did not arrest him, detain him, or restrain his movement. Instead, Willson gave Watkins notice to leave the premises, as required by Florida … Continue reading
The Appeal: Highway Stop-And-Frisk: How Pennsylvania State Troopers Conduct Illegal Traffic Searches
The Appeal: Highway Stop-And-Frisk: How Pennsylvania State Troopers Conduct Illegal Traffic Searches (“A review of five years of cases that arose from traffic stops in the south-central region of the state shows that police used underhand tactics to justify holding … Continue reading
“The State’s questions about Appellant having given a false name to authorities during the execution of a search warrant earlier in the summer of 2015 was relevant as a general matter to impeach Appellant’s credibility.” Knapper v. State, 2020 OK … Continue reading
The consensus of several other circuits is that seizing property under a search warrant is not subject to the Fifth Amendment’s takings clause. See, e.g., Lech v. Jackson, 791 Fed. Appx. 711, 717 (10th Cir. 2019), cert. denied, No. 19-1123, … Continue reading
Connecting already seized cell phone to the internet was not shown to be a search (citing no law). United States v. Murray, 2020 U.S. Dist. LEXIS 136292 (E.D. Wash. July 2, 2020). 2255 claim that defense counsel was ineffective for … Continue reading
Stopping defendant for mere curiosity to get his name and then run warrants was an unreasonable stop. When a warrant came up, it wasn’t attenuated under Strieff. “Here, Officer Hernandez testified that it was his practice when working the night … Continue reading
FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule
FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading
OH9: Def’s observed association with wanted fugitive permitted his seizure at time of fugitive’s arrest, too.
Defendant was in a car wash and the USM fugitive task force was tailing a person in another car at the car wash. That person came over to defendant’s car and spoke to him. When the person being surveilled started … Continue reading
Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn’t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn’t make all those officers … Continue reading
D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were
There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading