- Today is the 55th anniversary of Gideon v. Wainwright
- WA: While driver has a REP, the owner’s consent controls
- WaPo: After his family died, he threatened to kill himself. So the police took his guns.
- ME: Entry on curtilage for “security check” just before SW issued was inevitable discovery
- LA5: A micro data storage card in defendant’s watch pocket could be seized incident to arrest
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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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Daily Archives: August 2, 2017
City code inspectors’ entries into the common areas of plaintiff’s “historically unmanageable rental properties” did not violate the Fourth Amendment for lack of a reasonable expectation of privacy in those places. His claims as to allegedly protected areas was waived. … Continue reading
Federal “war on drugs” started “80 Years Ago Today: President Signs First Federal Anti-Marijuana Law”
NORML Blog: 80 Years Ago Today: President Signs First Federal Anti-Marijuana Law by Paul Armentano, NORML Deputy Director:
N.D.Ga.: A Franks challenge has to be more than just an argument over interpretation of meaning of facts
When the Franks challenge is more of a different interpretation of facts, it doesn’t suffice. “And, frankly, Defendant is just arguing that a different interpretation should be placed on his conduct than Agent Cunningham’s interpretation – or most likely the … Continue reading
A search warrant for email can be for servers outside the jurisdiction of the court. United States v. McGuire, 2017 U.S. Dist. LEXIS 114471 (D. Nev. Feb. 9, 2017). The Coast Guard was surveilling Arroyo Quemada Beach in Santa Barbara … Continue reading
Politico: Sessions offers rare warning on dangers of police misconduct by Josh Gerstein:
The Guardian: ‘Anonymous’ browsing data can be easily exposed, researchers reveal by Alex Hearn: A journalist and a data scientist secured data from three million users easily by creating a fake marketing company, and were able to de-anonymise many users.
NPR: U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court by Camila Domonoske: In a ‘botched’ investigation, Immigrations and Customs Enforcement kept Davino Watson, a U.S. citizen, imprisoned as a deportable alien for nearly … Continue reading
SCOTUSBlog: Symposium: A defense of the doctrine by David LaBahn, president and CEO of the Association of Prosecuting Attorneys (with links to other articles in the same vein):
Noting the different approaches of the circuits to the standing of a driver of a rental car who is not on the contract but operating with permission of the renter, the totality of circumstances test is adopted, and he lacks … Continue reading
Driver’s license checkpoints don’t require written rules. United States v. Moore, 2017 U.S. Dist. LEXIS 116012 (E.D. N.C. May 18, 2017), adopted, 2017 U.S. Dist. LEXIS 115453 (E.D. N.C. July 25, 2017):
NYT: Border Agents Test Facial Scans to Track Those Overstaying Visas by Ron Nixon: