- AL: Manipulating object in pocket of person leaving a drug house exceeded Terry
- CA9: Using ruse to get def home to search his car under a SW was unreasonable
- CA9: Prison visitor should be allowed to avoid a strip search based on RS by being permitted to leave
- PA addresses smell of MJ in a new MMJ state: it’s a factor in RS, and not determinative of RS or PC
- N.D.Ind.: Defense counsel not ineffective for challenging state search under state constitution and not 4A too
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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: April 2019
Detroit Free Press: Federal judge, civil rights icon Damon Keith dies at age 96 by Cassandra Spratling & David Ashenfelter Other story:
Defendant had standing to challenge CSLI used to track his car when he was a passenger and the driver was using his cell phone. Commonwealth v. Fredericq, 482 Mass. 70 (Apr. 24, 2019). Defendant did not have standing for a … Continue reading
CA9: SW was ambiguous as to the mobile home to be searched; no PC shown as to one searched; suppressed
The search warrant authorized search of a gray mobile home. There were two on the property, and the one searched was white. The search warrant was thus ambiguous when the officers arrived, and the court finds the search unjustified because … Continue reading
The search warrant for a hotel room authorized seizure of the key to the hotel room to gain access when the officers came upon it. Plain view applied. Even if plain view didn’t apply, the only suppression would be the … Continue reading
Even if, arguendo, the NIT warrant issued in the E.D.Va. was void ab initio for violating Rule 41, that does not mean that the good faith exception cannot apply. The court concludes that it does. United States v. Ganzer, 2019 … Continue reading
Federal courts can get jurisdiction to try cases involving searches conducted by state officers. This isn’t Younger v. Harris in reverse. Green v. United States, 2019 U.S. Dist. LEXIS 70988 (N.D. Ohio Apr. 27, 2019). A warrant for drug rehab … Continue reading
Just Security: CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy by Raya Koreh:
Denver Post: Holy police tech, Batman! Denver officers can now shoot your car with a GPS tracker if you try to flee
Denver Post: Holy police tech, Batman! Denver officers can now shoot your car with a GPS tracker if you try to flee by Elise Schmelzer Police leaders hope technology will minimize the number of dangerous chases So: installation by exigency. … Continue reading
National Law Review: Sixth Circuit Amends “Chalking” Decision to Clarify Scope
Willamette Week: An ICE Agent Shoved A Lawyer While Making An Arrest At The Multnomah County Courthouse
Willamette Week: An ICE Agent Shoved A Lawyer While Making An Arrest At The Multnomah County Courthouse by Katie Shepherd:
Gizmodo: If You Care About Privacy, Throw Your Amazon Alexa Devices Into the Sea by Matt Novak:
WaPo: Code words and fake names: The low-tech ways women protect their privacy on pregnancy apps by Drew Harwell:
WaPo: ICE agents cannot be sued for damages, Fourth Circuit Court panel says by Rachel Weiner:
Politico: Judge cites state secrets risk in dismissing warrantless wiretapping suit by Josh Gerstein:
Wired: What the Golden State Killer Tells Us About Forensic Genetics: