- CA6: Handcuffing too tight overcame QI
- AK: Omission was maybe reckless but PC on the remainder
- D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action
- CA11: Duplex driveway here wasn’t curtilage
- CA8: Ptf’s takedown was reasonable for his not responding to commands
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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: May 2, 2020
CA8: Tasing ptf eight times even while handcuffed was reasonable where he was always violently resisting
Tasing plaintiff repeatedly was not excessive force where he continued to violently resist even when handcuffed. Franklin v. Franklin Cty., 2020 U.S. App. LEXIS 13193 (8th Cir. Apr. 24, 2020). The officer shot plaintiff after he fled after a patdown … Continue reading
CA3: Police in pursuit of a shooting suspect crossed into def’s backyard; plain view of drugs sustained
Police were in pursuit of a shooting suspect and went into defendant’s back yard. Drugs in plain view could be seized. Levys v. Shamlin, 2020 U.S. App. LEXIS 13267 (3d Cir. Apr. 24, 2020). An open container stop permits a … Continue reading
No prior showing of probable cause is required for a penal summons because there is no arrest or custody under Gerstein v. Pugh. State v. Thompson, 2020 Haw. App. LEXIS 151 (Apr. 24, 2020). The district court properly denied qualified … Continue reading
Seizure of defendant’s bloody clothing from the floor of the emergency room was valid as a plain view despite his possessory interest. He was perceived at the time as the victim, but it later developed he wasn’t. State v. Jackson, … Continue reading
Use of excessive bodily force for a stop-and-frisk by lifting defendant into a wall was unreasonable where defendant did nothing to justify it. That required suppressing the stop. State v. Johnson, 2020-Ohio-2742, 2020 Ohio App. LEXIS 1707 (2d Dist. May … Continue reading
Flipping off the officer wasn’t disorderly conduct justifying the stop. The community caretaking function also does not apply. State v. Ellis, 2020 N.C. LEXIS 363 (May 1, 2020). The state could not show that defendant’s statements were inevitably discovered from … Continue reading
County of Riverside v. McLaughlin’s 48 hour rule does not apply to parole holds. Benson v. Chappell, 2020 U.S. App. LEXIS 14035 (9th Cir. May 1, 2020). There was reasonable suspicion for defendant’s stop, but the officer’s opening the car … Continue reading
The district court erred in granting qualified immunity to the officers who entered a hallway that was associated with only one apartment that decedent clearly had a reasonable expectation of privacy in. The law is settled in this circuit. Decedent … Continue reading
This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading
Officers had probable cause defendant had drugs hidden in his underwear or anal cavity. When he was taken to the DTF office, a strip search there was reasonable when there were no drugs otherwise in his possession. United States v. … Continue reading
Defendant in a criminal case was suspected of Arizona wildlife offenses, and the state procured a search warrant. He successful controverted the warrant for lack of probable cause under state statute. Digital copies of evidence were kept by the state. … Continue reading