- OR: Disclaiming ownership of purse brought to police station police wanted to search wasn’t abandonment
- OR: Parents’ consent to taking DNA from juvenile wasn’t valid
- D.Del.: Mere denials of the facts doesn’t make a Franks claim
- CA6: Filing a case report with the DA doesn’t make a malicious prosecution action
- TX: Perjured police testimony in drug raid leads to finding of actual innocence
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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: September 7, 2019
Phone calls in juvenile detention were properly recorded. Defendant was on notice of recording. Commonwealth v. Odgren, 483 Mass. 41 (Sept. 4, 2019). In an immigration case where the petitioner bears the burden of showing an egregious violation of the … Continue reading
“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading
“The less-than-three-minute immigration stop was sufficiently brief under the Fourth Amendment …, and Escobar’s nervous and evasive behavior, unusual responses to lawful questions, and provision of a suspicious bill of lading gave agents sufficient reasonable suspicion to extend the stop. … Continue reading
The court holds that defendant’s status as a parolee literally gave him no reasonable expectation of privacy in his own trailer from a parole search. He seeks narrowing the search under Griffin to avoid Samson and Knights. The court rejects … Continue reading
CA2: More regular home visits of sex offenders to verify information reasonable under “special needs”
Suffolk County contracted with a private non-profit to verify registered sex offenders’ addresses, and that required home visits. Plaintiff sued for violation of the Fourth Amendment. The court holds that their actions were permitted under the “special needs” exception because … Continue reading
CA9: The extreme of QI: officers alleged to have committed theft during execution of a SW get QI because no case says it’s a 4A violation
Officers get qualified immunity for alleged theft of $300,000 in cash and property from plaintiffs because it wasn’t clearly established that theft from a search is unreasonable under the Fourth Amendment. Jessop v. City of Fresno, 2019 U.S. App. LEXIS … Continue reading
Defense counsel wasn’t ineffective for not moving to suppress the search of a cigarette pack removed from defendant’s person at the time of his arrest but searched 30 minutes later. It was still subject to the search incident doctrine. Greene … Continue reading
Defendant was allowed to talk to relatives in an interrogation room, and their conversation was recorded. “Accordingly, we conclude that Easterling’s Fourth Amendment rights were not violated when his conversation with family members in the interrogation room was videotaped and … Continue reading