- CA8: Officer’s training and experience no needed in SW affidavit if it shows PC
- CA10: Walking up to def sitting on parked car to talk to him wasn’t a stop
- VA: Running the serial number of a seized firearm isn’t a “search”
- NY Times: The Secretive Company That Might End Privacy as We Know It
- NJ: State failed to show exigency for warrantless phone records search
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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: Cell site location information
Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading
CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading
EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v. U.S.: Year in Review 2019
EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v US: Year in Review 2019 by Jennifer Lynch (“In the year and a half since the Supreme Court’s ruling, Carpenter has been cited in more than … Continue reading
NY2: Responding to a domestic call, the unmistakable sounds of an assault from inside justified warrantless entry
Police responded to an apparent domestic call. The officers at the door “heard a woman being beaten inside the apartment, heard her scream, and heard a male saying, ‘shut up’; and no one responded to the officers’ repeated knocks on … Continue reading
The Intercept: The Donald Trump Campaign Is Deploying Phone Location-Tracking Technology by Lee Fang (“President Donald Trump’s reelection effort has retained the services of a technology company that specializes in the mass collection of smartphone location data, which can be … Continue reading
Defendant consciously was abandoning his property as he was trying to elude police who were chasing him on foot. He tossed everything, including his cell phone. Getting the CSLI for the abandoned phone without a warrant was reasonable, too. United … Continue reading
CSLI can be obtained from a parolee’s cell phone without a search warrant. “However, the Court’s own research has found that every circuit court faced with the same question has sided with the Government and found that a warrant is … Continue reading
FL4: Use of cell site simulator under CSLI order 4A violation; no GFE because of lack of contrary authority
In 2012, well before Carpenter, the police used a cell site simulator under CSLI order to track defendant. There was no binding authority at the time for the state to rely on. By the time this case reaches appeal, the … Continue reading
The fact that SCOTUS had granted cert in Carpenter when the CSLI was obtained under a § 2703 order and not a search warrant doesn’t make government reliance on existing precedent unreasonable or show a lack good faith. United States … Continue reading
Law.com: Courts Are Getting Geofenced In by Location Data Quandaries by Frank Ready: Geofencing is emerging as a popular tool among law enforcement agencies, but answering the legal questions it poses may yield serious investigative challenges.
techdirt: Supreme Court’s Warrant Requirement For Cell Site Location Info Apparently Killed Another Domestic Surveillance Program
techdirt: Supreme Court’s Warrant Requirement For Cell Site Location Info Apparently Killed Another Domestic Surveillance Program by Tim Cushing:
VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided
Defendant was the subject of warrantless CSLI pre-Carpenter, and he petitioned for cert while Carpenter was pending. After Carpenter was decided, his case was GVR’d back to the state court of appeals. Reed v. Virginia, 138 S. Ct. 2702 (2018). … Continue reading