- D.Mass.: Although stop might have been unreasonable, def fled from car and abandoned his drugs
- D.Conn.: Possession of an unauthorized smartphone was RS and justified its search
- CA7: QI for testing HIV sample for Hep C, too; no cause of action for violating prison policy
- CA8: SW to seize a car implicitly includes seizing the keys to it
- CA11: 911 call about def threatening people with a gun in his house justified protective sweep
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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 15, 2020
NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it
Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. People v. Wheeler, 2020 NY Slip Op 00998, … Continue reading
“Observing” a controlled buy from outside an apartment building is not corroboration of the informant under the state constitution. They didn’t see what apartment was involved. Commonwealth v. Ponte, 2020 Mass. App. LEXIS 16 (Feb. 13, 2020). The area surveillance … Continue reading
“Cordova has forfeited his stand-alone Fourth Amendment claim by raising it for the first time in his reply brief.” And it would have to be reviewed for plain error, which it’s not. United States v. Cordova, 2020 U.S. App. LEXIS … Continue reading
D.Me.: Govt failed to prove frisk was for safety reasons; it was really a search for drugs without RS
The officers didn’t testify to a safety reason for a frisk, and the dashcam video did not support it either. Moreover, this was not a frisk for weapons; it was a search for drugs and it was without reasonable suspicion. … Continue reading
NYTimes: Activate This ‘Bracelet of Silence,’ and Alexa Can’t Eavesdrop by Nathaniel Hill (“Microphones and cameras lurk everywhere. You may want to slip on some privacy armor.”)
PA: Robber had no REP in proof of his wifi connection on property of another when committing the robbery
Defendant was accused of a 2 am robbery and assault in a dorm on the Moravian College campus in Bethlehem, Pennsylvania. Campus police checked the wifi connections and found three at 2 am that were not residents of the dorm. … Continue reading
Defendant’s supervised release unobjected to search condition is reviewed for plain error and found reasonable from his criminal history. United States v. Oseguera, 2020 U.S. App. LEXIS 4350 (9th Cir. Feb. 10, 2020).* Giving deference to the state court affidavit … Continue reading
Guardian: No, Clearview AI’s creepy plan to spy on us is not ‘free speech’ by Jake Laperruque
The stop was justified by a lane change violation on Lombard Street in San Francisco, but the continuation of the stop lacked any reasonable suspicion. Defendant was driving a rental car that had been loaned to the passenger whose mother … Continue reading