- OH5: Exigency for blood draw from accident at 1:30 am and hospitalization
- D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry
- E.D.Mich.: It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a GJ
- techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That
- S.D.Ohio: Affidavit for SW judicially estopped govt to claim no standing
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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
If a hit on an LPN scanner is PC for a stop, so is one on a body camera: Naked Security: Police bodycams get tech that can identify “faces and people”
Naked Security: Police bodycams get tech that can identify “faces and people” by Lisa Vaas: Body cameras aimed at Police and other “public safety users” are getting outfitted with new abilities to identify things like stolen bicycles, missing children and … Continue reading
NYTimes: Jurors Find Video Isn’t Providing 20/20 Vision in Police Shootings by Julie Bosman, Mitch Smith, and Michael Wines: Since the 2014 shooting death of Michael Brown by a police officer in Ferguson, Mo. – a shooting that was not … Continue reading
The bodycam didn’t pick up the officer’s voice, which is “troubling,” but the trial court credited the officers’ testimony defendant consented, and that’s enough to have to affirm on consent. State v. Klinger, 2017 Iowa App. LEXIS 633 (June 21, … Continue reading
AP: Exclusive: Moonlighting police leave body cameras behind by John Seww:er That’s because most police agencies that make the cameras mandatory for patrol shifts don’t require or won’t allow body cameras for off-duty officers even if they’re working in uniform, … Continue reading
“Indeed, as pointed out by the magistrate judge, the ‘body camera video and audio demonstrate that Trooper Duckett was working diligently in trying to locate Ms. Glenn’s license information, but it did take some time to find it.’” Finally, the … Continue reading
WaPo: Opinion: Body cameras are key for police accountability. We can’t let them erode privacy rights
WaPo: Opinion: Body cameras are key for police accountability. We can’t let them erode privacy rights by Chris Dunn and Donna Lieberman: An essential tool poses a core dilemma.
NYTimes: Body Cameras, Long Distrusted, Now Help Show ‘Human Side of the Badge’ by Julie Bosman: Law enforcement’s use of body-worn cameras has expanded around the country, largely in response to high-profile civilian deaths at the hands of officers and … Continue reading
NYtimes editorial: Body Cams Work, if They’re Used Right: The police officer who shot and killed 15-year-old Jordan Edwards last month in Balch Springs, Tex., was charged with murder on Friday after the Police Department determined from body-camera images and … Continue reading
I’ve heard of searches being reenacted for the benefit of other police officers for cover, to make the search look lawful. This may be the first I’ve heard of with a body camera. I should have seen this coming because … Continue reading
The Intercept: Taser Will Use Police Body Camera Videos ‘To Anticipate Criminal Activity’ by Ava Kofman: Although intended as a grim allegory of the pitfalls of relying on untested, proprietary algorithms to make lethal force decisions, ‘RoboCop’ has long been … Continue reading
NYTimes: Do Body Cameras Help Policing? 1,200 New York Officers Aim to Find Out by Ashley Southall: The New York Police Department – on a mission to put body cameras on all 23,000 of its patrol officers in two years … Continue reading
WaPo: Civil Rights Attorneys Raise Concerns About NYPD Body-Camera Program by Zolan Kanno-Youngs: Policy gives officers too much discretion for when to activate devices, police-reform advocates say