- CA6: SW with wrong address and color of building was still particular enough in location
- CA9: Changing allegedly offending officer in Franks challenge on appeal was waiver
- CA6: State court’s failure to remand for more factfinding was still a “full and fair opportunity to litigate” his 4A claim
- TX: Totality of affidavit justified on totality SW for surveillance videos even though affidavit didn’t explicitly say so
- E.D.Tenn.: Def doesn’t even attempt a Franks offer of proof and it fails
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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: November 3, 2019
Philadelphia Inquirer: Philadelphia police are searching more cars for marijuana — but finding less of it, critics say
Philadelphia Inquirer: Philadelphia police are searching more cars for marijuana — but finding less of it, critics say (“Though Philadelphia has effectively decriminalized possession of small amounts of marijuana — and close to 200,000 Pennsylvania residents now have medical marijuana … Continue reading
Officers went to defendant’s house to do a knock-and-talk based on a tip he had a working meth lab. When they knocked, he ran out the back door. The officer positioned there shouted for him to stop and drop what … Continue reading
NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end
Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading
Defendant was called by the police for an interview about a child molestation accusation, and he agreed to meet. He didn’t show. Then the police were concerned maybe he was fleeing and they sought realtime CSLI to locate him. “We … Continue reading
Defendant’s handgun was hidden in a doghouse on the curtilage. The court distinguishes other cases allowing a search for a firearm, particularly one where a loaded shotgun was publicly put in the trunk of a car and the keys left … Continue reading
Defendant’s giving a false name extended the stop and added to the reasonable suspicion to detain him after his true identity was discovered. United States v. Jackson, 2019 U.S. Dist. LEXIS 188225 (E.D. Mich. Oct. 30, 2019). The affidavit for … Continue reading
Defendant filed his motion to suppress in the blind because didn’t have access to the affidavit for the search warrant. It was denied without a hearing. Remanded: He gets to see it to try to controvert it. People v. Lambey, … Continue reading
CA11: Factual dispute as to where misd arrest occurred, in the house or out, denies QI; it appears force used was excessive
Arguable probable cause supported plaintiff’s misdemeanor arrest, but there is a factual dispute denying qualified immunity to the officers of where exactly the arrest started and how it ended up indoors. That remains for trial. The complaint also survives on … Continue reading
Defendant was a parolee, and the parties argued over whether no suspicion was required for a parole search or reasonable suspicion. The government argued no suspicion required. The parole conditions didn’t specify, but state statute did, and reasonable suspicion is … Continue reading