- CA6: One controlled buy from a house is PC for SW
- NY: Failure to swear to facts of standing dooms motion to suppress
- NY dissent: NY’s pre-Rodriguez cases are suspect
- D.Kan.: Def had a loaner car loaned by a person with no authority over it; no standing
- Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches
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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: Body cameras
WaPo: Federal task forces ban body cameras, so Atlanta police pull out. Others may follow. by Tom Jackman: No Justice Department agents or officers use cameras, while local police are moving toward transparency.
WaPo: Opinion: D.C. police must stop hiding body camera footage: The city should promote transparency by giving families immediate access to videos of their loved ones’ killings.
“Body camera footage corroborated the detectives’ testimony that the circumstances reasonably suggested Defendant may have been armed and that a pat-down search was needed to ensure officer safety. …. When faced with an uncooperative and seemingly agitated individual suspected of … Continue reading
UCLA Anderson Review: Do Body Cams Give Police an Unintended Break? by Carla Fried, featured research by Eugene M. Caruso Video from officer-worn cameras is judged less negatively than footage captured on dashboard cameras.
There were several body camera videos relating to this case as well as the search and seizure. The issue here is the scope of a protective order to keep defendant from seeing. The government met its burden of showing good … Continue reading
WaPo: Some U.S. police departments dump body-camera programs amid high costs By Kimberly Kindy:
upturn.org: The Illusion of Accuracy / How Body-Worn Camera Footage Can Distort Evidence (Nov. 2017)
Consent was voluntary: “As seen in the video, Defendant was calm, aware, and able to answer questions cogently. During his testimony, Defendant admitted that at the time of his arrest, Defendant knew he faced serious drug charges for the drugs … Continue reading
AP: Some police dogs now have cameras, too by Carrie Antlfinger: The devices generally attach to dogs’ backs on a vest and transmit video to a handler watching from a screen, possibly on their wrist or around their necks. It’s … Continue reading
The Atlantic: The Always-On Police Camera by Sidney Fussell: Body cameras that automatically activate in response to the sound of gunfire could forever change people’s expectations about public spaces.
The New Yorker: Can the Manufacturer of Tasers Provide the Answer to Police Abuse? by Dana Goodyear: Axon’s body cameras are reshaping how video evidence is collected—and who controls it.
NJLJ: Editorial: Police Videos Should Be Public Under OPRA: In Paff v. Ocean County Prosecutor’s Office, our Supreme Court has held in a 4-3 decision that police video recordings are exempt from disclosure under the Open Public Records Act. We … Continue reading
techdirt: Researcher Says Police Body Cameras Are An Insecure Mess by Tim Cushing: The promise of transparency and accountability police body cameras represent hasn’t materialized. Far too often, camera footage goes missing or is withheld from the public for extended … Continue reading
NYLJ: Judge Orders NYPD Study Requiring Officers to Use Body Cameras Earlier in Encounters by Colby Hamilton: U.S. District Judge Torres called for the program after a May report recommended officers begin recording during the lowest level of encounters with … Continue reading
WaPo: The Watch’ Blog: The ongoing problem of conveniently malfunctioning police cameras by Radley Balko: When cops aren’t punished for not using or misusing their body and dash cameras, the cameras are worse than useless.
NPRL: Body Camera Maker Weighs Adding Facial Recognition Technology by Ian Wren: The largest supplier of law enforcement body cameras in the U.S. is exploring pairing its cameras with new AI capabilities — including real-time face recognition.
Because the exclusionary rule is a “last resort,” on plain error review, defendant cannot claim error for the failure of the district court to determine that his version of the facts is more credible than the governments. There is no … Continue reading