- D.S.D.: Inevitable discovery cures a Rodriguez violation
- OH8: SW for “biological and/or forensic evidence” in a sex crime permitted seizure of a towel
- S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country
- D.Utah: The REP is reduced on the curtilage of a duplex
- S.D.Ala.: Handwritten corrections on SW required a hearing as to how and why
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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: Search
Even though the government conducted an illegal warrantless search of defendant’s cell phone, they later obtained a search warrant based on previously acquired information, so the independent source doctrine applies. United States v. Keel, 2017 U.S. Dist. LEXIS 58895 (N.D. … Continue reading
S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent
A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading
A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading
A dog sniff at a storage unit didn’t violate any reasonable expectation of privacy. It isn’t the same as curtilage of the home. Defendant’s attempt to show a Franks discrepancy because he originally rented C43 but moved two weeks later … Continue reading
An anticipatory search warrant was issued for 1921 but was delivered to 1911 because of the use of false addresses. The police entered to seize the package. Defendant doesn’t show he has standing in either the package or the place … Continue reading
S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search
Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell … Continue reading
CA11: “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.”
Unwilling sonogram by a college in a class is a Fourth Amendment search. “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.” Investigative purpose not required. Doe v. Valencia College Board of Trustees, … Continue reading
The Delaware State Escheater sought an examination of records of Marathon Petroleum, and it refused to comply. The state could not force plaintiff to comply, so there is no search if plaintiff refuses. Marathon Petroleum Corp. v. Cook, 2016 U.S. … Continue reading
MA: That CI’s tip in another case wasn’t good enough doesn’t say much about this one where it was more detailed and better corroborated
The CI’s tip here was detailed and substantially corroborated. As to the CI’s track record, a search was suppressed on his information after this one occurred, but that doesn’t ipso facto impugn his credibility. In the other case, the CI’s … Continue reading
WaPo: The Volokh Conspiracy; Applying the Fourth Amendment to placing calls from a locked phone to identify its owner
WaPo: The Volokh Conspiracy: Applying the Fourth Amendment to placing calls from a locked phone to identify its owner by Orin Kerr:
Field sobriety test is a seizure, but it is not a search under Fourth Amendment or the more inclusive state constitution. State v. Mecham, 2016 Wash. LEXIS 695 (June 16, 2016):
Opening defendant’s flip phone to see the home screen is a search under Hicks. The phone was clearly seized under the Fourth Amendment. The government, however, showed probable cause for a search warrant for the phone, and that was independent … Continue reading