- Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections
- PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required
- GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it
- W.D.Wash.: iCloud SW temporal limit was impractical
- D.Nev.: “Seeming[ly] strategic activation and deactivation of the body camera” leads to finding of no consent
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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: Collective knowledge
Failure to include all the search warrant materials in the appellate record requires affirmance of that sole issue on appeal. “Relator failed to include copies of documents that would assist with addressing his complaint including the motion to suppress, the … Continue reading
Impoundment of defendant’s vehicle was reasonable and under standardized procedure, even though he was present. “I conclude Directive 406.3/2.3.4 was a reasonable standardized procedure. The officers’ decision to enforce Directive 406.2/2.3.4 and impound the vehicle, even though the lawful owner … Continue reading
D.Colo.: Failure to call the officers with enough information to show collective knowledge as witnesses made govt fail in its burden of proof
The government failed to prove collective knowledge at the hearing on the motion to suppress. A critical witness to collective knowledge wasn’t called. United States v. De La Rosa-Calderon, 2021 U.S. Dist. LEXIS 3378 (D. Colo. Jan. 7, 2021):
“First, we need not address the collective-knowledge doctrine. The police officer who initiated the traffic stop developed reasonable suspicion of a straw purchase through his own questioning and discovery of the firearm in Perez’s trunk after Perez lied about having … Continue reading
A jail call showed defendant’s standing that he lived in the house where the search occurred. The entry to arrest him on an arrest warrant led to a valid plain view. United States v. Essex, 2020 U.S. Dist. LEXIS 238989 … Continue reading
A specific BOLO for a vehicle alleged to be involved in a shooting led to defendant’s stop with reasonable suspicion. Probable cause then developed. State v. Houston, 2020-Ohio-5421, 2020 Ohio App. LEXIS 4301 (1st Dist. Nov. 25, 2020). “In his … Continue reading
The target of a search warrant sought to avoid the search by a writ of mandamus, which is denied for lack of a right to a clear duty on the respondent’s part. In re Matula, 2020 Tex. App. LEXIS 9239 … Continue reading
The collective knowledge doctrine applies to traffic stops. United States v. Murray, 2020 U.S. Dist. LEXIS 111040 (S.D. Ohio June 24, 2020). “Applying this [deferential] standard of review to the warrant application, the Court has reviewed the application and finds … Continue reading
The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading
The collective knowledge doctrine doesn’t require every officer to know everything. Pueblo v. Jiméne, 2020 PR App. LEXIS 278 (P.R. App. Jan. 30, 2020). (That, of course, is evident from the word “collective.”). A year typo in the affidavit’s narrative … Continue reading
“‘[W]e impute collective knowledge among multiple law enforcement agencies, even when the evidence demonstrates that the responding officer was wholly unaware’ of the specific relevant facts. (Doc. 194, at 24 (quoting United States v. Lyons, 687 F.3d 754, 766 (6th … Continue reading
Plaintiff was arrested for possession of cocaine and obstructing justice when he allegedly swallowed the baggie of drugs. He was taken to a hospital and drank charcoal and other liquids to pass it and he was x-rayed. Nothing was recovered. … Continue reading
Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading
OH12: Probation and its search condition doesn’t end with probationer’s arrest; house could be searched later
Defendant’s girlfriend was on probation, and she thus “consented” in advance to searches. She confessed during a probation visit that she used drugs, and they arrested her and then searched her and defendant’s place based on her probation search condition. … Continue reading
Defendant’s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn’t unreasonable. People v. Ruffin, 2019 … Continue reading