- N.D.Ohio: Alleged ambiguity in whether nighttime search authorized resolved by all the circumstances in favor of it
- S.D.Ohio: GFE overcomes lack of nexus; officer unaware of some facts didn’t commit Franks violation
- S.D.Ohio: Nexus shown to business from alleged drug transactions outside
- MA: No REP in unlocked basement of apt building
- OH12: State’s “reasonable mistake of fact” justification for stop has to be raised in trial court first
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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: Forfeiture
Vice: These Cops Are Seizing Cash from People Who Smell Like Weed Before They Fly to California (“Smelling like cannabis and buying your ticket right before your flight from this Florida airport are apparently great reasons for cops to take … Continue reading
Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture
Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture by C.J. Ciaramella: Former DEA special agent Chad Scott has been convicted of perjury, obstruction of justice, and falsifying … Continue reading
CA2: Govt doesn’t get GFE in forfeiture search and seizure for overbreadth and particularity problem it created
In a forfeiture case initiated with a search warrant, defects in the warrant process denied the government resort to the good faith exception for failure to apprise all the officers what they were looking for and not attaching exhibits to … Continue reading
Claimant business’s motion for return of $895k from its bank account under Rule 41(g) is denied for lack of irreparable harm, based also on the government’s representation it’s going to attempt forfeiture. “Turning to the fourth factor, the Court finds … Continue reading
A drug dog alert on money without the presence of drugs cannot support a forfeiture. Martinez-Camacho v. State, 2019 Ala. Civ. App. LEXIS 102 (Aug. 2, 2019):
WaPo: She delivered $200 worth of drugs. Police seized her $53,000 Chevrolet Tahoe. by Justin Jouvenal:
ClickOrlando.com: Be careful when driving with large amounts of cash in your vehicle by Steve Montiero: Troopers may ask to see proof.
VOA: Customs Agency Cash Seizures at Airports Cost Travelers Millions by Masood Farivar: A little-known U.S. anti-money laundering law is costing international travelers millions of dollars a year, raising concerns of civil liberties’ advocates that many innocent people are unwittingly … Continue reading
Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures
Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures by Scott Shackford: Surrender the Fifth Amendment or the dog dies.
TechDirt: Data From Court Documents Shows Texas Law Enforcement Playing Small-Ball Forfeiture, Not Doing Much To Stop Drug Trafficking
TechDirt: Data From Court Documents Shows Texas Law Enforcement Playing Small-Ball Forfeiture, Not Doing Much To Stop Drug Trafficking by Tim Cushing: Small seizures work out best for law enforcement. The cost of fighting the forfeiture usually outpaces the value … Continue reading
In a complex tax avoidance scheme, the IRS obtained search warrant was overbroad as to one category of things to be seized in ¶ u but it was mooted by the fact that items arguably seized under that category were … Continue reading
“Motions to suppress evidence are appropriate in civil forfeiture proceedings because the seizure and subsequent civil forfeiture of assets implicates the Fourth Amendment. Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702 (1965) (holding that the Fourth Amendment is applicable to … Continue reading
The officer here confronted trespassers which he suspected might be squatters and drug users. “The Court finds that the officer’s questions and actions were reasonably related to learning the identities of the people on the property, learning whether they were … Continue reading
Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019). Syllabus:
Reason.com: How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech by Elizabeth Nolan Brown: Sex, publishing, and quasi-legal theft collide in the Backpage prosecution. Prosecutors are ignoring the Constitution and legal precedent in their zeal to punish … Continue reading
The trial court’s findings of an alleged officer safety justification for his patdown are inadequate for the court of appeals to decide whether the state justified the patdown. Remanded for more findings. State v. Murphy, 2019-Ohio-515, 2019 Ohio App. LEXIS … Continue reading