- CA6: Def’s IAC argument that suppression argument could have been better made fails because it wouldn’t prevail in any event
- D.Utah: Def lacked standing in an apt rented for him he knew was by identity theft
- GA: Guest had standing but he was subject to owner’s consenting
- MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder
- N.D.Miss.: Use of a smartphone app to translate request for consent was mooted by valid Spanish consent form
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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: Attenuation
IA: “New crime” exception for a crime committed against a police officer after an allegedly unlawful entry is a part of attenuation
The “new crime” exception for a crime committed against a police officer after an allegedly unlawful entry is permitted under the attenuation doctrine. Here, defendant assaulted a police officer who pursued her into her house on a warrant for arrest … Continue reading
The lack of attenuation and exploitation of the illegality of an illegal search here favors exclusion. United States v. Cordero-Rosario, 2017 U.S. Dist. LEXIS 76904 (D.P.R. May 18, 2017):
The officer’s prior knowledge that defendant’s license was expired wasn’t considered stale for a stop, even for 37 days. [It’s a stop on reasonable suspicion, not a search on probable cause.] United States v. Bell, 2017 U.S. Dist. LEXIS 62616 … Continue reading
Defendant’s statement six hours after his illegal arrest when confronted with a bogus GSR test was not attenuated. People v. Hernandez, 2017 IL App (1st) 150575, 2017 Ill. App. LEXIS 206 (March 31, 2017), mod. on den. of rehearing, 2017 … Continue reading
AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply
The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading
CA10: Officers pulled up next to def walking along road and finally told him to stop; this was a seizure without RS
Defendant was walking down the street at night and a police car pulled up beside him and officers were talking to him as he walked. Finally they told him to stop. This was a seizure for which there was no … Continue reading
Defendant’s stop and detention was with a show of force, and his statement wasn’t attenuated from his de facto arrest. Suppression order affirmed. State v. Pichardo, 360 Ore. 754 (Jan. 20, 2017), aff’g 275 Ore. App. 49, 364 P.3d 1 … Continue reading
An untrue statement in an affidavit for search warrant was attenuated from defendant’s later confession. All four factors of the attenuation doctrine weighed in favor of not suppressing statements defendant made during his interview with the agent. The causal connection … Continue reading
Defendant’s flight and dropping gun from an illegal arrest here wasn’t an intervening circumstance. There was nothing in the 911 call that justified defendant’s stop in the first place. Defendant complied at first, and then fled. United States v. Gallinger, … Continue reading
No attenuation: defendant was arrested without probable cause and gave a statement, and there is no intervening event. Statement suppressed. United States v. Vilella, 2016 U.S. Dist. LEXIS 168741 (E.D.Pa. Dec. 6, 2016):
M.D.La.: Later suppression of drugs that led to indictment and finding more drugs on arrest doesn’t suppress the second find
Defendant was subjected to a search and arrested with drugs. He was indicted on that. When executing the arrest warrant, officers found defendant with more drugs. After that, defendant succeeded in suppressing the evidence in the first case that led … Continue reading