- MT: Mandamus to get SW materials from 1998 denied for complete failure to comply with mandamus statute
- E.D.Mich.: The person stopped telling police he knows his rights isn’t RS; his flight from an unreasonable stop wasn’t RS either
- CA8: “Other media” in a SW includes cell phones
- CA11: § 1983 case can’t be used as substitute for state court appeal of a 4A claim
- D.Mont.: Tracking warrant issue date was a typo; whether state law was complied with doesn’t matter in federal court
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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: October 29, 2019
A search warrant that authorized the search of “any vehicle on the premises” was not unparticular because it allowed searches of visitor’s cars too. Plenty of cases already hold that “any vehicle on the premises” is particular. Moreover, there was … Continue reading
CA2: Not clearly established for QI that a warrantless body cavity search required exigency and a particularized suspicion
A police officer was entitled to qualified immunity because the right to be free from a warrantless manual body cavity search in the absence of exigent circumstances and a particularized suspicion that evidence of a crime was secreted inside the … Continue reading
OH5: It was reasonable to run the dog around a car in a traffic stop where it happened without extending the stop during waiting time
The trial court did not err in denying the motion to suppress where the officer ran the dog around the car within the time of the normal traffic stop. Therefore, the traffic stop was not illegally extended because the purpose … Continue reading
WaPo: Feds to experiment with allowing police officers to wear body cameras on task forces (“Police chiefs wanted cameras, but no federal agencies wear them. A pilot program will allow cameras during operations in some cities.”)
A lady found a drone in her yard, and she was already concerned about people flying drones over her house. A computer memory card was in the drone. She looked at it, and called the police and turned it over. … Continue reading
“Because no Miranda violation occurred, the police permissibly relied on Terui’s incriminating statements in obtaining the search warrant for his home. Even if a Miranda violation had occurred, however, suppression of the evidence found pursuant to the warrant would not … Continue reading
The government proved inevitable discovery. “The record makes clear that before Alston made any involuntary admissions, Captain Aleem believed that Alston possessed a gun, had the probable cause necessary to search the car, and intended to find the gun. The … Continue reading
State DHS case workers are subject to the Fourth Amendment, and their warrantless entry into defendant’s home was unreasonable. People v. Dyer, 2019 COA 161, 2019 Colo. App. LEXIS 1588 (Oct. 24, 2019). Probable cause for search of a car … Continue reading
When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested … Continue reading
Defendant barely raised the state constitutional claim below and why it should be different than the Fourth Amendment claim and in her briefing, but the issue was not decided below so it wasn’t preserved for review. State v. Lasley-Eakins, 2019 … Continue reading