- NJ: Cell phone password not 5A privileged on this record
- D.Minn.: RS supported a protective sweep even though it turned out that all people there were accounted for
- FL2: State failed to show search of house was within limited scope of def’s consent
- M.D.Fla.: Def was given guest standing to challenge a knock-and-talk that both sides agree was unreasonable
- PA: Firing an assault rifle in your house justifies a protective sweep
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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 13, 2018
AP: Google tracks your movements, like it or not by Ryan Nakashima: An Associated Press investigation found that many Google services on Android devices and iPhones store your location data even if you’ve used privacy settings that say they will … Continue reading
S.D.N.Y.: Franks challenge that SW general allegation about sex traffickers doesn’t apply to def isn’t false at this stage
Defendant is alleged to be involved in a sex trafficking operation that spanned nearly 20 years. His Franks motion is denied. One of the things he mentions was that he wasn’t involved with the Bloods in a long time, but … Continue reading
D.Mont.: RS for stop near the border when driving appeared evasive; on stop there were furtive movements
The court finds reasonable suspicion for defendant’s stop near the Canadian border. The officer was following but without blue lights on, and the car was attempting to evade the officer by driving fast on a poorly maintained road. On the … Continue reading
After the first round of discovery, officers who seized children from a home on a bizarre and unsubstantiated allegation from a sibling don’t yet get qualified immunity. “Thus, although the investigators went to the home with the intent to remove … Continue reading
Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading
S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers
Officers had good information where defendant lived, and they came with an arrest warrant. His cotenant denied he was there, which the officers did not have to take at face value. One FBI agent testified that cotenants frequently lie about … Continue reading
The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading
N.D.Iowa: Disavowal of ownership of residence didn’t deny def standing; he still had some interest in house he was in
Although defendant disavowed his control over the residence, the court finds he has standing anyway because he clearly stayed there and moved about the home like he belonged there: “Although defendant repeatedly stated that he did not live at the … Continue reading
Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. “But the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent … Continue reading