- NYTimes: Three Florida Police Officers Are Sent to Prison for False Arrests
- E.D.Tex.: Def had no REP in a stolen travel trailer
- VT: A CI who is already in trouble with the police has an interest in truthfulness, and thus is likely more reliable
- PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff
- D.Minn.: Officer’s affidavit showed PC that clothing or proceeds of robbery would be at def’s home seven weeks after robber
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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
Techdirt: Prosecutors Benefiting Most From Police Body Cameras by Tim Cushing:
NPR: In Practice, Police Accountability Is Not The Main Function Of Body Cameras by Martin Kaste: Police departments across the country have adopted body cameras to counter claims of abuse. But as they become more routine, cameras are turning into … Continue reading
NBC Chicago: Every Chicago Patrol Officer Equipped With a Body Camera: Chicago now has the largest deployment of body cameras in the country, according to CPD, which previously said the total number of cameras throughout the department would reach 7,000.
Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control
Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control by Patrick McMahon:
Houston Public Media: Report On Body Cameras Asks That Police Officers File Initial Reports Without Reviewing Footage
Houston Public Media: Report On Body Cameras Asks That Police Officers File Initial Reports Without Reviewing Footage by Al Ortiz: It contends the policy used by HPD and other departments can cause inaccuracies
D.Colo.: Officer’s near complete failure to follow inventory policy showed it was an investigative search
The inventory of defendant’s car was clearly an investigative search, and the lack of any paper inventory and the body camera video prove it. Defendant’s cell phone wasn’t logged in, the officer said, because it was taken into the station … Continue reading
Newsweek: LAPD Cop Accused Of Planting Drugs In Man’s Wallet With Body Camera Rolling by Christal Hayes: A Los Angeles police officer allegedly stuffed a baggie of cocaine into a man’s wallet after picking it up off the ground – while … Continue reading
AP: Should police get to view bodycam footage immediately?:
The Cap Times: Wisconsin Assembly approves bill to limit release of police body camera footage by Jessie Opoien: Public access to police body camera footage would be limited under a bill approved Thursday by the Wisconsin Assembly. The legislation is … Continue reading
Milwaukee Journal Sentinel: Public would be kept from getting police body camera footage under Wisconsin bill
Milwaukee Journal Sentinel: Public would be kept from getting police body camera footage under Wisconsin bill by Patrick Marley: MADISON – Police body camera footage would be kept from the public in many cases,under a bill the state Assembly is … Continue reading
Chicago Sun-Times: After body cameras on Chicago cops, could gun cameras be next? by Mitch Dudek: All Chicago police officers on patrol will be wearing chest-mounted body cameras by the end of the year — but could gun-mounted cameras be next?
Techdirt: Oversight Board Report On DC Police Cameras Contradicts Earlier Report’s Claims by Tim Cushing: Less than a month after a first report was delivered on Washington, DC police body camera use, a second one has arrived. And it seems … Continue reading