- Cato: Pretextual Stops and the General Warrant: Stopping the March of the Whren Doctrine
- N.D.Iowa: SW for car was still sufficient despite the LPN being wrong
- S.D.Fla.: SW can issue after def charged with crime and for the same crime
- N.D.Tex.: Neither 4A or Rule 41 requires SW be served on def before its execution
- N.D.Ga.: No suppression remedy for alleged HIPAA violation by police
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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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Monthly Archives: September 2017
“On this record, opening the car door to test the window tint did not violate the Fourth Amendment since it satisfied the factors in Class — the safety of the officers was served by the governmental intrusion, the intrusion was … Continue reading
MD: 40 years after questioning inventory, the author of those opinions comes around to embrace inventory
The vehicle inventory was caught on body camera, and the officer failed to include the spare tire, jack, and jumper cables. That did not make the inventory invalid. In addition, a valid inventory with a mixed motive is not unreasonable … Continue reading
Defendant’s drug testing condition of probation is unenforceable because there were no findings of drug or alcohol abuse in his past to justify it. People v. Saraceni, 2017 NY Slip Op 06732, 2017 N.Y. App. Div. LEXIS 6746 (4th Dept. … Continue reading
A “No Soliciting” sign posted on a home’s front door does not prohibit law enforcement officers from conducting a knock-and-talk. People can still approach the front door under Jardines. It’s the law enforcement diversion from business at the door that … Continue reading
WaPo: Apple is opening up amid privacy questions about Face ID, personal data collection by Hayley Tsukayama: Apple released more details about the iPhone X’s Face ID feature when it published a new privacy site Wednesday, addressing some of the concerns … Continue reading
Officers did not seize defendant’s car when they approached and knocked on the window to rouse him. That was valid under the community caretaking function. They had reasonable suspicion, however, because he was disoriented, jittery, nervous, had dilated pupils, glassy … Continue reading
Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant … Continue reading
TX14: SW seizure of things besides child pornography to show def’s connection to the premises did not make the search unreasonable
The affidavit for the search warrant for defendant’s home and computer for child pornography was based on probable cause. The seizure of things besides child pornography to show defendant’s connection to the premises did not make the search unreasonable. (§ … Continue reading
The court of appeals erred in holding that a search incident to arrest could not be justified by discovery of a different offense after arrest. As long as there was probable cause to arrest for the newly-discovered offense, and the … Continue reading
CA9: Rodriguez taint from one stop affected a later one where the first officer had to let the vehicle go when the dog was delayed
The district court did not err during a civil forfeiture action when it granted a claimant’s motion to suppress $167,070 a sheriff’s deputy found in a mobile home the claimant was driving, ordered the Government to return the money, and … Continue reading
The Hill: Pass the Protecting Data at the Border Act by Adam Schwartz and Sophia Cope:
WaPo: D.C. police oversight agency says complaints are rising over searches by Peter Hermann: A D.C. police oversight board says it has received an increased number of complaints about officers conducting searches of people, vehicles and houses without obtaining proper consent, … Continue reading