- CA9: While there was no basis for def’s stop, his and his passenger’s flight after stopping was an intervening circumstance
- W.D.La.: A state judge without terroritial jurisdiction doesn’t violate Stored Communications Act
- S.D.N.Y.: A prison cell search doesn’t need justification
- CA9: Parole search ability extends to trunk of car
- Olean Times Herald: Nevada considers technology to scan cellphones after crashes
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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: Surveillance technology
WaPo: The Sexts of Jeff Bezos and the Death of Privacy by Kara Swisher We can’t look away. But we should.
Slate: Biometrics vs. the Fifth Amendment by Josephine Wolff:
WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.
National Law Review: City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data
National Law Review: City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data by Jeffrey D. Neuburger:
Gizmodo: Google Wins Lawsuit Over Face-Scanning Technology by Lorraine Bailey:
BuzzFeed News: Apps Are Revealing Your Private Information To Facebook And You Probably Don’t Know It
BuzzFeed News: Apps Are Revealing Your Private Information To Facebook And You Probably Don’t Know It by Charlie Warzel
Lawfare: Implementing Carpenter By Orin Kerr: I recently posted a new draft article, “Implementing Carpenter,” on the Supreme Court’s blockbuster June 2018 decision in Carpenter v. United States. The article consists of two draft chapters of a forthcoming book, “The … Continue reading
NYTimes: Your Apps Know Where You Were Last Night, and They’re Not Keeping It Secret by Jennifer Valentino-DeVries, Natasha Singer, Michael H. Keller and Aaron Krolik: Dozens of companies use smartphone locations to help advertisers and even hedge funds. They … Continue reading
wired: Deputy AG Rod Rosenstein Is Still Calling for an Encryption Backdoor by Lily Hay Newman: TENSION HAS EXISTED for decades between law enforcement and privacy advocates over data encryption. The United States government has consistently lobbied for the creation … Continue reading
Above the Law: Alexa On The Witness Stand Is Going To Be Killer For Privacy by Elie Mystal:
ABAJ: Judge orders Amazon to provide Echo recordings in double homicide case by Debra Cassens Weiss:
The Crime Report: Does the Fourth Amendment Block Cops from Using Artificial Intelligence? by J. Gabriel Ware: The constitutional prohibition against unreasonable searches and seizures could prevent law enforcement from using the sophisticated surveillance technology made possible by artificial intelligence, … Continue reading