- E.D.Ark.: Negligent investigation doesn’t state a 4A claim for malicious prosecution
- N.D.Ind.: Mistake as to address for SW was precipitated by def and doesn’t implicate Franks
- E.D.N.C.: SW for data off phone isn’t governed by Carpenter
- CA10: BLM can’t force oil and gas operator to put BLM’s lock and key on property for annual inspections
- Dept. of Labor has proposed an unemployment drug-testing rule, and comment period has closed
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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: December 24, 2017
The Intercept: Edward Snowden’s New App Uses Your Smartphone to Physically Guard Your Laptop Haven uses the smartphone’s many sensors – microphone, motion detector, light detector, and cameras – to monitor the room for changes, and it logs everything it … Continue reading
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
NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011 by Charlie Savage and Ron Nixon: Grievances over lost privacy run through a trove of roughly 250 complaints by people whose laptops and phones were searched without a … Continue reading
Army Ct.Crim.App.: Search authorization for cell phone text messages did not permit looking at pictures
The search authorization here was for text messages on a servicemember’s cell phone. The searchers, however, looked for pictures, too. The military good faith exception, Mil. R. Evid. 311(c)(3), specifically addresses the scenario when officers rely on a subsequently invalidated … Continue reading
S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days
Defendant claimed standing in his girlfriend’s house because he regularly spent the night there. Her testimony was rejected because it sounded “scripted” and inherently unreliable because she claimed she didn’t smell 100 pounds of marijuana in her basement even though … Continue reading
S.D.Tex.: In not so few words: The bar for a competent drug dog under Florida v. Harris isn’t all that high; essentially: is the dog certified?
Defendant was stopped for driving without headlights during a Hurricane Harvey curfew, and he gave a false name and had no driver’s license. While detained, defendant was showing signs of diabetic distress. He was seated on the curb and he … Continue reading
CSLI information was obtained without a court order. Despite Carpenter being argued November 29th, the current law is that this wasn’t unreasonable. If Carpenter wins, defendant can move to reconsider. [What an empty gesture that is.] United States v. Arnold, … Continue reading
CA9: Car matching BOLO of bank robbery with two men had only woman driving; stop and continuation was with RS because they could be in trunk (and were)
A person outside a bank robbery believed that two male robbers got into a grey Ford Taurus to flee the scene. He called the police and followed. A little later, he saw that car had a woman driver, and he … Continue reading
IL: After losing suppression motion, state asserted lack of standing in a motion to reconsider, and it’s too late
The state has the burden of alleging defendant didn’t have standing, and here it didn’t do so until a motion to reconsider claiming it was the trial court’s error of law. To succeed on a motion to reconsider, the state … Continue reading
D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP
Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading
An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading