- NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing
- SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5
- CA9: Intervenors show no standing to challenge admin. SDT to Oregon Prescription Drug Monitoring Program
- Daily Mail (UK): TSA to start going through books and magazines under new security measures – but critics claim procedure could be used to target people with foreign or religious reading material
- D.N.M.: GPS tracking warrants can be issued by USMJs; Title III doesn’t apply
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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 still learn something new every day.”
—Pete Townshend, The Who 50th Anniversary Tour, "The Who Live at Hyde Park" (Showtime 2015)
"I can't talk about my singing. I'm inside it. How can you describe something you're inside of?"
"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)
Category Archives: Stingray / Hailstorm
Tenth Amendment Center: South Carolina Bill Would Ban Stingray Spying, Hinder Federal Surveillance Program
Tenth Amendment Center: South Carolina Bill Would Ban Stingray Spying, Hinder Federal Surveillance Program: COLUMBIA, S.C. (Dec. 19, 2016) – A bill prefiled in the South Carolina House would ban the use of “stingrays” to track the location of phones … Continue reading
CA7: Where there already was PC for def’s arrest warrant, the use of a Stingray to find him didn’t violate any 4A rights
Officers had a warrant for defendant’s arrest for a state parole violation, and they found him in a public place and arrested him. They used a Stingray device to locate him rather than rely on the cell phone company to … Continue reading
The Intercept: Long-Secret Stingray Manuals Detail How Police Can Spy on Phones by Sam Biddle: HARRIS CORP.’S STINGRAY surveillance device has been one of the most closely guarded secrets in law enforcement for more than 15 years. The company and … Continue reading
Morning Consult: Potential FCC Probe of Police Cellphone Trackers Could Serve as Proxy for Congressional Battle
Morning Consult: Potential FCC Probe of Police Cellphone Trackers Could Serve as Proxy for Congressional Battle by Amir Nasr:
M.D.Fla.: CSLI information captured by Stingray would be unreasonable under 4A except defs had no standing in burner phones they disassociated themselves from
Use of a Stingray to capture defendants’ cell phone location information in real time was unreasonable under the Fourth Amendment [without much discussion], but the defendants lack standing to complain. The mere fact the government referred to the phones as … Continue reading
New American: New Illinois Law Nullifies Expansion of Surveillance State by Joe Wolverton, II: A new law in Illinois works to protect citizens of that state from being subjected to electronic surveillance that violates their right to be free from … Continue reading
The warrantless use of a cell site simulator to capture information about defendant’s cell phone was a violation of the Fourth Amendment and suppressed. “Thus, even though the DEA believed that the use of the cell-site simulator would reveal the … Continue reading
New American: Illinois Lawmakers Unanimously Pass Ban on Unwarranted Stingray Surveillance by Joe Wolverton:
Oklahoma Watch: Okla. Authorities Have or Use Controversial Cellphone Tracker by Clifton Adcock: At least two Oklahoma law enforcement agencies possess or have used a controversial device, shrouded in secrecy, to track and collect information from cellphones, an Oklahoma Watch … Continue reading
techdirt: EFF, ACLU And Public Records Laws Team Up To Expose Hidden Stingray Use By The Milwaukee Police Department
techdirt: EFF, ACLU And Public Records Laws Team Up To Expose Hidden Stingray Use By The Milwaukee Police Department by Tim Cushing: