- S.C.: Franks violation can support a § 1983 claim
- The Sun (UK): Family sue TSA after man, 79, has $82K life savings he kept in tupperware box seized at airport for ‘no reason’
- VA: Search of speeder’s purse violated Gant and denied sovereign immunity
- M.D.Ala.: No constitutional requirement that the SW be served on the target of the search, so the missing attachment didn’t matter
- D.N.J.: What witnesses to call at a suppression hearing is strategic call under Strickland
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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: April 19, 2019
EFF: Google’s Sensorvault Can Tell Police Where You’ve Been [It’s essentially CSLI but held by Google]
EFF: Google’s Sensorvault Can Tell Police Where You’ve Been by Jennifer Lynch. It’s essentially CSLI but held by Google:
D.N.J.: Presentation of fake driver’s license to get car from impound after alleged unlawful seizure was new crime and attenuated
Defendant’s presentation of a fake driver’s licenses to recover his car would not be suppressed. The argument that it is connected to defendant’s alleged unlawful seizure of the car fails because it was attenuated. United States v. Minaya, 2019 U.S. … Continue reading
The court of appeals erred in dismissing defendant’s case rather than reversing for a new trial after cell phone evidence was suppressed. There was other untainted evidence the state could use to try to convict on a retrial. State v. … Continue reading
NY1: No due process violation in telling def he could bring cell phone to precinct house where it was ultimately seized
The state didn’t deny due process by telling defendant he could bring his phone with him to the precinct to talk with the officers because he would “probably be coming back.” Instead, they seized his phone then obtained a search … Continue reading
IA: SW for premises includes whole house, and bedroom of a visitor with a separate REP is still subject to search
Defendant was staying at the house of another when a search warrant for the premises was executed. He argued that his particular bedroom wasn’t subject to search under the warrant because he had a separate expectation of privacy in the … Continue reading
Two prior salmonella occurrences satisfied to justify probable cause for an administrative search. The motion for contempt for not providing passwords for the computers is premature. In re Admin., Establishment Insp. of Spa & Organic Essentials of Pa., LLC, 2019 … Continue reading
UCLA Anderson Review: Do Body Cams Give Police an Unintended Break? by Carla Fried, featured research by Eugene M. Caruso Video from officer-worn cameras is judged less negatively than footage captured on dashboard cameras.
Gothamist: NY State Court System Rules No ICE Arrests In Courthouses Without A Judicial Warrant by Jake Offenhartz:
DE: Jail cell seizure of trial and A-C privileged materials requires disqualification of entire prosecution team; dismissal order reversed
Prosecutors ordered a prison cell search of a murder defendant’s cell, and legal materials and trial strategy materials were seized. It started with a search to see if a protective order was violated, but it ended up being quite broad. … Continue reading
The affidavit for search warrant for CSLI for defendant’s phone was issued with probable cause. Defendant’s phone allegedly talked to the murder victim shortly before the murder, and it was reasonable to attempt to determine where the defendant’s phone was … Continue reading
CPO Magazine: EPIC Alleges Google May Be Helping US Government Conduct Warrantless Searches by Nicole Lindsey