- CA11: No jurisdiction to enjoin investigation after execution of SW
- The Epoch Times: Google Gave FBI Location Data for Over 5,000 Devices in Jan. 6 Probe
- S.D.Ind.: Forced Covid test didn’t violate 4A
- CA4: Video showed district court’s findings of reasonableness clearly erroneous
- CA3: Fire scene search for potential spread was exigent
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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
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"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: February 3, 2020
Officer came to scene at plaintiff’s house and parked his car within the running area of a dog on a lease between two trees. The plaintiff came out to get the dog. It barked at the officer. When the dog … Continue reading
WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds. By Michael Brice-Saddler (“Rebecca Hernandez was forced to spend three days apart from her newborn boy as she awaited a confirmatory test, which … Continue reading
Maneater: MU assessing new attendance-tracking app this semester by Joy Mazur (“Students have raised privacy concerns over more advanced tracking methods.”): MU is now testing SpotterEDU, an app used to track attendance in classrooms. The pilot test taking place during … Continue reading
MinnPost: Minnesota Legislature begins considering facial-recognition technology regulations by Peter Callaghan (“A joint legislative committee has taken the first small steps toward considering what a handful of cities and states around the country have already done — regulating or banning … Continue reading
Defendant claims his stop for boating under the influence wasn’t valid under the Fourth Amendment and Iowa Constitution because the body of water sat over private lands. Navigable waters belong to the state, and the officer had reasonable suspicion to … Continue reading
D.P.R.: Def’s 2255 claim was based on a fact litigated below and at the trial on the merits; the jury’s determination on credibility can’t be challenged now
In his 2255, defendant claims counsel was ineffective for not moving to suppress on the automobile search or consent search grounds. This was contrary to his defense at trial and the original suppression motion that the officers planted the gun, … Continue reading
DE: SW for CSLI in murder case was overbroad as to seizures more than 24 hours after the murder; limited to that time period
The search warrant for defendant’s CSLI was for 4 days before a murder and 2 weeks after. He pleads overbreadth. The warrant is particular as to the subject matter, just the time is excessive. Thus, it does not permit a … Continue reading
Even an erroneous Fourth Amendment decision in state court does not overcome the Stone v. Powell bar in a § 2254. The question is the fair opportunity to litigate, not the result. Green v. Nagy, 2020 U.S. Dist. LEXIS 16502 … Continue reading
E.D.Pa.: Hiding gun in wheel well of vehicle of another was abandonment; nothing after that has any legal effect
Hiding a gun in the wheel well of someone else’s vehicle to keep it from the police is an abandonment. “Defendant had no reasonable expectation of privacy in the wheel well of someone else’s red Ford parked on a public … Continue reading
OH2: Def was shot and the SW for his house where it happened included searching for drugs without PC; still it was in good faith
In an investigation of defendant’s shooting, officers obtained a search warrant for his premises and the warrant included search for drugs. The warrant was overbroad, but the court declines to apply the exclusionary rule finding it was in good faith. … Continue reading
Defendant was unconscious in a car slumped over at the wheel at 2 am, unresponsive to a spotlight on her. This was valid as a public safety stop. State v. McKenna, 2020 Kan. App. LEXIS 7 (Jan. 31, 2020). “A … Continue reading
D.Minn.: In a meth possession with intent case, a cell phone in the back seat with def was logically connected to the crime
In a meth distribution case, a cell phone found in the back seat is logically connected to the crime because officers know that co-conspirators communicate with each other on cell phones during the crime. United States v. Allery, 2020 U.S. … Continue reading