- D.Neb.: Giving home alarm code helps show consent
- D. Md.: Def’s 2255 supplemental Franks challenge has a failure of a proffer of evidence
- techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction
- W.D.N.C.: Delay of search to protect def’s property rights isn’t a constitutional violation
- NE: Driver could consent to search of car when owner was passenger
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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: Stingray / Hailstorm
CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that’s all that’s required
Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also … Continue reading
The same cell phone was used to set up three Craigslist robberies. Defendant’s claim that a cell site simulator was used to track his number is speculative at best and is rejected. He gets a hearing, however, on whether the … Continue reading
Law & Crime: ‘Dark Side’ Federal Unit Feeds Possibly Illegal Tips to Local Cops, Report Says by Aaron Keller The Intercept: Welcome to Law Enforcement’s “Dark Side”: Secret Evidence, Illegal Searches, and Dubious Traffic Stops by Trevor Aaronson: Federal agents … Continue reading
Defendant was charged with rape of his daughter occurring daily for years. Defense counsel saw no reason to file a motion to suppress the search warrants for the house for the vibrator the victim described was used on her. Reviewing … Continue reading
AP (via ABc): Does cellphone-sweeping ‘StingRay’ technology go too far? by Colleen Long:
BuzzFeed: DHS Has Used A Controversial Cell Phone–Tracking Device More Than 1,800 Times by Adolfo Flores: The information, obtained through a Freedom of Information Act request, shows that Homeland Security Investigations, a major investigative arm of DHS, used what’s known … Continue reading
Use of a Stingray violates defendant’s reasonable expectation of privacy in his cell phone. It cannot be compared at all to a pen register. People v. Gordon, 2017 NY Slip Op 27364, 2017 N.Y. Misc. LEXIS 4285 (Kings Co. Nov. … Continue reading
DC: Using Stingray to track a cell phone is a 4A search because it extracts cell phone numbers from phones
The use of a Stingray device by the police to track a cell phone is a search governed by the Fourth Amendment. Stingrays “[f]orce the person’s cellphone to identify itself and reveal its exact location. It is in this sense … Continue reading
arstechnica: ICE: We don’t use stingrays to locate undocumented immigrants by Cyrus Farivar: The acting head of Immigration and Customs Enforcement (ICE), the federal agency charged with deportations, has confirmed in a new letter that it does not use cell-site … Continue reading
N.D.Cal.: Use of a Stingray to track a phone is a search requiring a warrant, except in exigent circumstances
Use of a Stingray is a “search” and requires a warrant. The court notes the differing approaches of the courts, but this court has already weighed in in favor of the citizen. “Accordingly, the court determines that a warrant was … Continue reading
MD: Court order to access def’s location from murder victim’s cell phone by cell site simulator was in good faith
The use of a cell site simulator to find defendant who was suspected of having taken his alleged murder victim’s cell phone was done in objective good faith because officers relied on an order to initiate the tracking. [Since Maryland … Continue reading
techdirt: DOJ Tells Court There No Need To Establish A Warrant Requirement For Stingray Devices by Tim Cushing: