- S.D.N.Y.: Govt subpoena to photograph gang tattoos of incarcerated def not violation of 4A or 5A
- E.D.Mich.: Def lacked standing in a hotel room he occasionally frequented but hadn’t been in for 17 days
- N.D.W.Va.: Delay in initiating protective sweep was reasonable because officer was waiting for backup
- IN: Even if admitting SW affidavit at trial was error, it was harmless based on all the evidence
- NPR: Calif. Gov. Newsom Expected To Sign Bill Limiting Police Use Of Deadly Force
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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: Seizure
Officers had a search warrant for defendant’s car, but he also had a community corrections search waiver on file. (The latter wasn’t even acknowledged by the parties.) Defendant was suspected of an ongoing operation of drug selling, so the older … Continue reading
Defendant’s handcuffing and removal to the police station for interrogation could not be justified by Summers and was without probable cause. He was held eight hours and interrogated. United States v. Mitchell, 2019 U.S. Dist. LEXIS 139026 (N.D. Ga. June … Continue reading
Police received an anonymous call that a particular van was DUI. An officer found the van parked at a gas station, parked far enough away that defendant could back out, and he walked up and asked how defendant was doing, … Continue reading
Making plaintiff leave a city council meeting that had been disrupted by her and others was not a Fourth Amendment seizure. Guiding her out wasn’t either. Youkhanna v. City of Sterling Heights, 2019 U.S. App. LEXIS 24165 (6th Cir. Aug. … Continue reading
D.D.C.: Def tossed gun as encounter started and that was abandonment, but the court has questions about the encounter
The DC Gun Recovery Unit encountered a person on the street and talked to him, but by the time a more intensive encounter occurred, something that troubled the court, defendant had tossed the gun. United States v. Meekins, 2019 U.S. … Continue reading
Ordering plaintiff off a parking lot because of suspected trespassing wasn’t a Fourth Amendment seizure. Watkins v. Joy, 2019 U.S. App. LEXIS 22910 (11th Cir. Aug. 1, 2019). X-ray for contraband on an inmate is not a Fourth Amendment claim. … Continue reading
KY: Officers approached men on a street corner talking; telling def to “hang tight for a minute” because he wanted to run his name and SSN was a seizure requiring RS
Officers saw a group on a corner, so they initiated contact, just because they wanted to. They also attempted to get them to clean up the trash on the corner, which wasn’t shown to be their fault or responsibility. When … Continue reading
The officer continued to hold defendant’s driver’s license, and that meant to him he sure wasn’t free to leave. United States v. Steffens, 2019 U.S. Dist. LEXIS 122096 (N.D. Iowa July 23, 2019). Defendant was stopped for a muddy license … Continue reading
TN: Def counsel can’t be ineffective for not moving to suppress where it’s apparent there was no standing
Defense counsel can’t be ineffective for not moving to suppress evidence seized off a co- defendant because defendant wouldn’t have any standing. Smith v. State, 2019 Tenn. Crim. App. LEXIS 442 (July 22, 2019).* It was professionally reasonable for defense … Continue reading
“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading
There was probable cause on the totality for this search warrant. Defendant’s attack on what’s not there doesn’t help him. United States v. Jones, 2019 U.S. App. LEXIS 20851 (6th Cir. July 15, 2019). There was a factual basis for … Continue reading
W.D.N.C.: The fact def’s car crossed the county line between when the police car lights came on and when he was stopped is not a basis to suppress
The fact a stop was started in one county and actually occurred as defendant crossed the county line is not a basis for suppressing the stop. Defendant’s consent to search his house is suppressed, however, because of language difficulties: “Thus, … Continue reading