- MT: Welfare check of car was reasonable, but extending it was without RS
- OH12: Dog alert on car and def’s person didn’t justify strip search
- ID: Not unreasonable to check wants and warrants on passenger during a traffic stop
- CA6: A minimal showing of nexus is enough for GFE even where PC is lacking
- CA9: Mandated GPS tracking of e-scooters not 4A violation
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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
"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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Monthly Archives: December 2021
EFF: In 2021, the Police Took a Page Out of the NSA’s Playbook: 2021 in Review by Jennifer Lynch:
Pennsylvania is a medical marijuana state. “Like the Superior Court, we hold that the smell of marijuana may be a factor, but not a stand-alone one, in determining whether the totality of the circumstances established probable cause to permit a … Continue reading
MN: Mere violation of pretrial release conditions not otherwise a crime not RS to extend a traffic stop
An alleged violation of conditions of pretrial release that is not criminal activity does not support extending a traffic stop without reasonable suspicion of an actual crime. State v. Sargent, 2021 Minn. LEXIS 672 (Dec. 29, 2021) (under state constitution):
Plaintiff’s action for recovery of electronic and physical evidence seized is denied because the government asserts it is still needed for investigation. Stillwell v. United States, 2021 U.S. Dist. LEXIS 246407 (M.D.N.C. Dec. 28, 2021). Defendant was stopped for driving … Continue reading
The Covid vaccination mandate for the military does not exempt the National Guard. Oklahoma v. Biden, 2021 U.S. Dist. LEXIS 246534 (W.D.Okla. Dec. 28, 2021). As to the Fourth Amendment claim:
Defendant was placed on electronic monitoring for his pretrial release in a gun case. The conditions he agreed to included home inspections necessary to determine his adherence to conditions. When the device signaled it had been tampered with, pretrial officers … Continue reading
TN: Even if a viable motion to suppress existed, it was reasonable strategy to work a plea deal considering all the evidence of guilt
Defense counsel wasn’t ineffective for not filing a suppression motion and working a plea deal instead. First, with the mountain of evidence against defendant, it was wise to work out a deal and avoid sentencing after trial for sexual assault … Continue reading
There was no reasonable expectation of privacy in a police interview room. The defendants were not misled, and their actions and hushed tones in the room showed they knew they could be overheard. United States v. Cook, 2021 U.S. Dist. … Continue reading
Defendant’s house burned in a fire, and the fire investigator came in before the firemen left. Drugs were found in plain view and in a safe with an open door. The trial court suppressed, but the court of appeals reversed. … Continue reading
Defendant had a reasonable expectation of privacy in his telephone call from a precinct interrogation room from being recorded. While there is a diminished expectation of privacy in an interrogation room, there was no warning what happened in the room … Continue reading
The exception to the exclusionary rule that suppressed evidence can be used for impeachment purposes did not apply to outright perjury about the finding of a gun. Defendant pro se here stated in opening and in cross that the gun … Continue reading
Plaintiff’s Fourth Amendment pretrial detention claim accrued when he was released from detention, so it was barred by the statute of limitations. His post trial detention claim based on malicious prosecution is a due process claim, and it was improperly … Continue reading
Plaintiff was tried and acquitted for murder. He sued under § 1983 after two years in custody alleging evidence for his trial was fabricated and exculpatory evidence was withheld. The district court denied qualified immunity, and the defendants appealed. Defendants … Continue reading
“Officer Nisivaco’s questions about the offense for which Carson was on parole and the recency of his gun offense were permissible, ‘negligibly burdensome precautions’ taken to ensure officer safety. Rodriguez, 575 U.S. at 356.” Asking about whether he was up … Continue reading
“The Court acknowledges that not all Fourth Amendment claims are barred by Heck. Indeed, a civil rights claim may go forward before a conviction is invalidated where the civil rights violation ‘does not inevitably undermine a conviction.’ Booker v. Ward, … Continue reading
“Although we have said that ‘face-to-face contact between the agent and informant’ and an agent’s opportunity to personally question him generally provides indicia of that informant’s reliability, see, e.g., Dixon, 787 F.3d at 59; Greenburg, 410 F.3d at 67, the … Continue reading
A state search warrant was issued for defendant’s electronics. They went to the State Police computer lab to analyze, but they were in a long queue. A few months into the delay, the federal government sought its own search warrant. … Continue reading