- NC: Going to back door after no answer in a knock-and-talk violates Jardines
- OH2: Owner of real property has no power to consent to search of visitor’s or co-tenant’s property
- KY: A court order doesn’t need to be titled “search warrant” to be considered one.
- KY: State’s comment on refusal to consent to DUI test was prejudicial and error
- CA3: Doing drug deals from the car parked behind the house was nexus
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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: December 2018
Lawfare: Fourth Amendment Reasonableness After Carpenter v. United States by Alan Z. Rozenshtein.
There is no Fourth Amendment right for the officer to have reasonable suspicion to run one’s license plate because there is no reasonable expectation of privacy in it. State v. Moore, 2018-Ohio-5223, 2018 Ohio App. LEXIS 5527 (9th Dist. Dec. … Continue reading
The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading
Nexus to the home in a fraud case was shown. “The affidavit averred that: the unauthorized accesses at the Postal Service were linked to a Dell computer bought on eBay by a user whose recovery email and phone number matched … Continue reading
NYTimes: When the Police Become Prosecutors by Alexandra Natapoff Officers quietly wield a lot of unchecked prosecutorial power.
“As a threshold matter, defendant Nelson’s objection that the search warrant was per se invalid because no verbatim record of the informant’s testimony as required by N.Y.C.P.L. § 690.36 was preserved is mistaken. Whether the search warrant for the defendant’s … Continue reading
Defendant appeals his sexual assault conviction. His victim came to his house to bum a cigarette, and she stayed to drink with defendant and his girlfriend. She fell asleep and awoke in the morning, fully clothed, with defendant’s girlfriend yelling … Continue reading
This anonymous 911 call of a menacing man with a weapon was reliable enough for a stop. The caller stayed on the phone after asking it not be recorded but told all 911 calls are, there was detail about the … Continue reading
Defendant’s sovereign citizen claim the state DUI implied consent violated his religious liberty without a warrant and right to travel is rejected. How does religion figure into it? State v. Simmons, 2018 Tenn. App. LEXIS 755 (Dec. 21, 2018).* Sovereign … Continue reading
The Hill: Are the Chinese and Russians listening to your phone calls? by Julian Gehman with cell site simulators? I’m not worried about them listening to mine because I only bitch about Russians and I’m 1,000 miles away, but too … Continue reading
Defendant was ID’d as a likely suspect in a bank robbery, and a federal probation violation warrant was issued. Municipal officers may execute federal probation violation warrants. “See, e.g., United States v. Polito, 583 F.2d 48, 51 (2d Cir. 1978); … Continue reading
NY3: When trial court sustains search on two grounds, both have to be challenged on appeal or no error
Defendant challenged the search of his BAC which was obtained by consent and a search warrant. Challenging only the search warrant doesn’t matter because consent remains. People v. Guzy, 2018 NY Slip Op 08714, 2018 N.Y. App. Div. LEXIS 8665 … Continue reading