- M.D.Fla.: Def had officer’s card and could have revoked consent to search cell phone by telephone call or letter
- W.D.Va.: Whistleblower CI has “strong[er] motive to supply accurate information.”
- MT: State’s acting on nonbinding immigration detainer is an arrest subject to 4A and state law
- EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates 4A
- Law.com: Understanding the Privacy Implications of Digital Technology
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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: February 5, 2020
Petitioner’s Fourth Amendment claims can’t be the basis for a successor habeas because none of the statutory grounds are available here. In re Hammond, 2020 U.S. App. LEXIS 3419 (11th Cir. Feb. 4, 2020):
Boston Globe: Editorial: Facial-recognition tech may have value, but real-time surveillance goes too far
Boston Globe: Editorial: Facial-recognition tech may have value, but real-time surveillance goes too far (“Software that identifies people in videos could create a privacy nightmare. A patchwork of city bans won’t prevent it.”)
Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute
Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute by Emma Ockerman (“She was never accused of a crime and went bankrupt paying the fines to get her car back.”)
Vox: Why we don’t know as much as we should about police surveillance technology by Rebecca Heilweil (“Despite a growing number of high-tech tools, law enforcement agencies don’t seem to want to disclose what they’re using.”)
The R&R determined that there was no “search” for Fourth Amendment purposes, and if there was, it was reasonable. On review by the USDJ, the failure to challenge the “no search” holding isn’t a proper objection. United States v. Oury, … Continue reading
Defendant was stopped walking with another to a hotel in Columbia, Missouri by an officer pulling up behind them and turning on the patrol car’s emergency lights. Back up arrived, and defendant and his companion were told to put the … Continue reading
After a remand, the state is free to raise new grounds to support the search. People v. Tallent, 2020 COA 14, 2020 Colo. App. LEXIS 127 (Jan. 30, 2020). “A bare assertion of authorization from a third party along with … Continue reading
IL: Truck inspection search was with RS from suspect log book and wrong seal and locks on cargo door
The truck inspection officer here had reasonable suspicion because the log book looked like it was false, there was an unnecessary private seal on the trailer, and the lock was on the wrong door meaning the load wasn’t protected. Two … Continue reading
Defendant was being watched by police, and he was being followed and ran a stop sign. In the stop, the officer told defendant to roll down his window and turn off the car. He rolled the window part way down … Continue reading
Defendant’s probation search condition permitted the search here, and officers had reason: He was arrested twice for drug offenses and posted $125,000 in bond despite having no apparent source of income. United States v. Tucker, 2020 U.S. App. LEXIS 3264 … Continue reading
WY: Plain error does not apply to unargued points in motion to suppress; however, IAC shown on lack of RS to extend stop
Plain error does not apply to any search issue not preserved below. In an IAC claim, defendant showed, even with this limited record, the likelihood that he could have prevailed in a motion to suppress for lack of reasonable suspicion … Continue reading
Oregon passes on an invitation to impose a warrant requirement on all vehicle searches just because telephonic warrants should make them required in every case. The automobile exception applies, and the state did not have to show the realistic probability … Continue reading