- E.D.Pa.: Use of flashlight on backseat of car at night not a search
- OH5: Dog was called two minutes into stop of RV and it didn’t prolong the stop
- M.D.Fla.: No 4A protection for non-citizen stopped by CG at sea
- E.D.N.C.: When there is RS, officers do not need to rule out innocent explanations
- WV: Emergency order of protection was not functional equivalent of SW for entry into home
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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
Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading
The officer pushing down the plaintiff causing injury was a seizure. “A reasonable officer in Sasse’s position would not have thought it appropriate to shove Martinez so forcefully without first at least requesting that Martinez step back or step away … Continue reading
The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that’s … Continue reading
A summons to appear is not a seizure. Jianjun Li v. Village of Saddle Rock, 2021 U.S. Dist. LEXIS 60705 (E.D. N.Y. Mar. 30, 2021). New York statute that special prosecutors have to give notice to elected DAs about, inter … Continue reading
There is no interstate commerce predicate to a federal search and seizure. Defendant cites no authority and the court doesn’t find one. United States v. Watson, 2021 U.S. App. LEXIS 8564 n.3 (6th Cir. Mar. 22, 2021). Remanded a second … Continue reading
SCOTUS: Shooting at and hitting a person fleeing is a 4A seizure: “The required corporal seizing or touching the defendant’s body … can be as readily accomplished by a bullet as by the end of a finger.”
Shooting at and hitting plaintiff with the intent to stop her flight is an attempted seizure under the Fourth Amendment. She made it 75 miles to a hospital, was airlifted back, and was arrested. (Qualified immunity is not decided here.) … Continue reading
The Fourth Amendment only applies to pretrial alleged constitutional deprivations. Trial related constraints are not Fourth Amendment issues. United States v. Emakoji, 2021 U.S. App. LEXIS 6843 (5th Cir. Mar. 9, 2021):
Reason: Sotomayor Invokes Scalia on Fourth Amendment Protections by Damon Root (“Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?”)
“[J]ust keep your hands where I can see them” is a seizure under the Oregon Constitution. State v. Soto-Navarro, 309 Ore. App. 218 (Feb. 10, 2021):
CA9: Passenger also shot in effort to stop vehicle was seized under 4A; SJ denied on reasonableness of force
A vehicle passenger who was not intentionally targeted by the officers had a cognizable Fourth Amendment interest under Brower v. County of Inyo and Brendlin v. California. His freedom of movement was terminated when the officers intentionally shot at the … Continue reading
Having pled guilty in state court, plaintiff can’t complain that the arrest leading to the plea lacked probable cause. Moser v. Davis, 2021 U.S. Dist. LEXIS 13308 (E.D. Tenn. Jan. 25, 2021). Petitioner had a “full and fair” opportunity to … Continue reading
Defendant filed a motion to suppress a statement and a search. At the hearing, however, the search wasn’t challenged. Defendant has to show cause why that part of the motion should not be denied. United States v. Henry, 2021 U.S. … Continue reading
Direction to defendant to stay in his car during a stop was not a separate seizure. United States v. Warren, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021). There was probable cause for defendant’s arrest. Officers bought drugs … Continue reading
“Williams first argues that the police officers violated the Fourth Amendment by approaching him without reasonable suspicion. R. 33 at 17. But reasonable suspicion is only required when a suspect has been seized. United States v. Douglass, 467 F.3d 621, … Continue reading
Defendant was invited to a party at a vacant building loaned to a friend for purposes of the party. He wasn’t staying past the end of the party. He had no reasonable expectation of privacy in the place searched. People … Continue reading
A search warrant for the premises here did not justify defendants’ stop in their car after they were allowed to leave it. Moreover, there was no reasonable suspicion for the stop; no traffic violation, no nothing. United States v. Williamson, … Continue reading
“Defendant retorts that, if in fact Sgt. Concepcion discovered the marijuana odor early in the traffic stop, he should have begun the search immediately rather than waiting for the arrival of Investigator Gould, citing no caselaw in support. The Court … Continue reading
“While Mr. Muldrow rightly points out the tip, his evasive behavior, and the neighborhood each standing alone, would not create reasonable suspicion, all of these factors together with Sergeant Stephan’s observation Mr. Muldrow appeared to have a gun and hid … Continue reading