- SC: Refusal to sign a second consent form wasn’t withdrawal of the first consent
- LA2: CSLI obtained by SW before Carpenter: Observation
- LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail
- WaPo: ICE arrested a wanted man driving his pregnant wife to give birth. She drove herself to the hospital.
- CA4: Ptf’s 1983 claim a Stingray was used on him survives Heck bar
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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: Third Party Doctrine
NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules by Sheera Frankel: The tech giants are preparing for a stringent new set of data privacy rules in the region, called the General Data Protection Regulation. Set to take effect … Continue reading
The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading
Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts by Ross Todd: The California Supreme Court has taken up a case that could determine if, how and when Facebook must turn over private user information about … Continue reading
Alan Z. Rozenshtein, Surveillance Intermediaries, 71 Stan. L. Rev. 99 (2018). Abstract: Apple’s high-profile 2016 fight with the FBI, in which the company challenged a court order commanding it to help unlock the iPhone of one of the San Bernardino … Continue reading
WaPo: Big Brother on wheels: Why your car company may know more about you than your spouse by Peter Holley:
The electric company’s decision to install smart meters is not a Fourth Amendment issue because the company is a private actor. In re Consumers Energy Co., 2017 Mich. App. LEXIS 2161 (Oct. 10, 2017, published Dec. 28, 2017). The state … Continue reading
D.Haw.: Authorized third party’s access of def’s security video from cloud not unreasonable nor was a SW required
“The evolution of technology gives rise, in this particular case, to the question of whether a third-party’s access to a defendant’s personal home surveillance system stored in the cloud (that is, where managed remotely and made available to users over … Continue reading
Fifty years ago today, SCOTUS decided Katz v. United States, 389 U.S. 347 (1967), which was the genesis of the reasonable expectation of privacy standard. LAPD vice officers investigating Katz as a college basketball bookmaker noticed he regularly used a … Continue reading
WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines:
The Hill: SCOTUS justices are ready to tackle privacy rights in the digital age by Alan Butler: This case will not be decided in a vacuum, and it appears that the justices appreciate both the magnitude of the moment and … Continue reading
WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument
WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument by Will Baude:
Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers” by Mike Rappaport: