- AR: Wrong address on SW not fatal where affiant was executing officer and the right place was searched
- CA10: Gun seized during inventory called off could not be kept by police
- D.Nev.: Def failing to immediately stop and drawing officers deep into a parking lot added to RS
- CA6: PC for ptf’s arrest and prosecution defeats malicious prosecution claim, despite his acquittal
- OH5: Def’s inordinate delay in finding car insurance card enabled reasonable dog sniff
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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: September 2, 2019
CA9: Seven hour arrest and detention of decedent’s wife as witness to a police shooting was unreasonable under clearly established law
Plaintiff’s husband was shot by sheriff’s deputies and killed and she was arrested as a material witness, taken away, and held for seven hours–four before any questioning. This was unreasonable under Maxwell v. County of San Diego, 708 F.3d 1075, … Continue reading
W.D.N.C.: Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading
Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading. Not every thing the affiant knows makes it in there. Also, citizen informant’s statement defendant was seen with a gun five weeks before the search … Continue reading
The trial court erred in holding that the state trooper had no reason to order defendant out of her car, and the inquiry stopped there. Under Mimms, however, it’s entirely under the officer’s discretion. When he stopped her, her pants … Continue reading
The Atlantic: The Supreme Court Is Not Well. And the People Know It. by Garrett Epps (“A new guns case reveals that the once-noble institution has died, and we’re left working with its corpse.”)
WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases by Nick Miroff:
E.D.Va.: While the “four corners” rule is the standard for evaluating probable cause, the court may go outside the four corners in applying GFE
While the “four corners” rule is the standard for evaluating probable cause, the court may go outside the four corners in applying the good faith exception. Here, the officer had additional information he didn’t include because he’d reasonably thought he’d … Continue reading
Defendant was subjected to an entry and sweep. Consent two hours later was voluntary as attenuated. What was found didn’t come from the initial entry. State v. Williams, 2019 N.J. Super. LEXIS 138 (Aug. 29, 2019):
D.Mass.: Police had no affirmative duty to allow def to call for help to remove car to avoid inventory
Police had no duty to let defendant call somebody to come and get his car rather than it be inventoried. “But WPD’s policy and practice plainly do not dictate that officers affirmatively inquire about the availability of a third-party driver. … Continue reading
CA6: Officers acted reasonably in entering house based on dispatcher’s call of young man threatening mother with knife or gun or both
“The facts here indicate that a reasonable person in the officers’ position would indeed believe that entry was necessary to prevent physical harm. The reasonableness standard of the Fourth Amendment requires us to examine the officers’ actions in response to … Continue reading
EMTs who assessed plaintiff for mental issues and took her away were entitled to qualified immunity. No case could be cited that they violated the Fourth Amendment. Ellison v. Hobbs, 2019 U.S. App. LEXIS 26263 (11th Cir. Aug. 29, 2019).* … Continue reading
CA5: Assuming def’s suppressed search led to custody and his incriminating jail call, the call was attenuated under Strieff
The district court suppressed one of defendant’s searches that led to his arrest. While in jail, he made incriminating phone calls about the location of drugs. Assuming that the call from the jail was a fruit of the unreasonable search, … Continue reading