- D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A
- W.D.Tenn.: Affidavit for SW doesn’t need to support drug dog’s training, too
- CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different
- CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure
- CA6: District Court’s credibility determination underlying consent to search aren’t reviewable
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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: Community caretaking function
The warrantless search of defendant’s home was pretextual under the community caretaking function when there was no justification for it. The court also declines to adopt a “dead body rule.” State v. Boisselle, 2019 Wash. LEXIS 579 (Sept. 12, 2019):
TX3: Phlebotomist’s careless handling of blood draw that didn’t compromise test wasn’t enough to suppress just from alleged risk of infection that didn’t happen
“As the State admits, using a biohazard container as a workstation for a blood draw is not ideal. However, even viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that Fikes failed to meet … Continue reading
Defendant was allowed to talk to relatives in an interrogation room, and their conversation was recorded. “Accordingly, we conclude that Easterling’s Fourth Amendment rights were not violated when his conversation with family members in the interrogation room was videotaped and … Continue reading
IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards
Probable cause was shown for a search warrant for defendant’s house. “The complaint in Gacy did not cite to a specific crime; like this case, it was concerned with a missing person. Gacy, 103 Ill. 2d at 19-20. Since the … Continue reading
2255 petitioner makes his case that defense counsel was ineffective for not moving to suppress the impoundment and search of his car as illegally parked because it wasn’t. Counsel’s wife was seriously ill, and he was out of the office … Continue reading
Cal.: Case law permitting “community caretaking function” entry into a home without true exigency is overruled
People v. Ray, 21 Cal.4th 464, 88 Cal. Rptr. 2d 1, 981 P.2d 928 (1999) that created a limited “community caretaking function” entry into a home without true exigency is overruled. By case law, that exception is limited to vehicles, … Continue reading
S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later
The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading
CA9: Seizure of 12 firearms from the home during a mental health crisis and then delaying return was reasonable under community caretaking function
Plaintiff called the police on her husband because of a mental health crisis, and the police seized 12 firearms from the home. She petitioned for return on the firearms, and the Superior Court denied relief and she appealed, and it … Continue reading
Cal.1: Application of community caretaking function doesn’t require police to know who is inside; just that somebody reasonably might be
The community caretaking function was satisfied here: “Although in the present case the officers were not aware of a specific, known individual who might be in danger or might pose an imminent threat to others, as in some of these … Continue reading
ND: Knock on car window when def asleep inside with engine running was within community caretaking function
Defendant was unresponsive in a parked car with the engine running. “The officer’s knocking on Bridgeford’s vehicle window was within the scope of the officer’s community caretaking function. Because the officer was acting within his role as a community caretaker, … Continue reading
Defendant was asleep in his car on a McDonald’s parking lot with the motor running after midnight in the winter. A McDonald’s employee finally got him awake and told him to leave. Defendant drove around the building and parked in … Continue reading
IN: Walk through of house for non-investigatory reason after unconscious person taken to hospital justified by community caretaking function
Officers responded to a 911 call that a child was unconscious. After the child went to the hospital and the parent went in police vehicle, an officer at the scene did a walk through to insure there was no one … Continue reading