Even if the search preceded the warrant being issued, the decision was already made and the independent source doctrine validates the search. United States v. Ellis, 2023 U.S. Dist. LEXIS 202209 (E.D.N.C. Oct. 20, 2023), adopted, 2023 U.S. Dist. LEXIS 201162 (E.D.N.C. Nov. 9, 2023).
The probable cause determination for extradition need not be as detailed as a preliminary hearing. In re D’Monte, 2023 U.S. Dist. LEXIS 202356 (D.P.R. Nov. 9, 2023).
A torch lighter in the car and the mannerisms of the occupants added up to reasonable suspicion. State v. Harrell, 2023 Ida. LEXIS 142 (Nov. 9, 2023).*
Defendant’s discarded firearm was abandoned. People of the V.I. v. Guerrero, 2023 VI SUPER 67U, 2023 V.I. LEXIS 48 (Super. Ct. Nov. 7, 2023).*
A candidate running for office had his address posted online, and this did not violate any reasonable expectation of privacy or Fourth Amendment right. His voter registration address was already online. Sharma v. Hirsch, 2023 U.S. Dist. LEXIS 202163 (E.D.N.C. Oct. 29, 2023).
The court finds reasonable suspicion for continuing this stop because of rubber bands on the gear shift (maybe relating to handling bulk cash), lack of luggage for a week-long trip, and criminal history. United States v. Taylor, 2023 U.S. Dist. LEXIS 201667 (E.D. Tex. Oct. 19, 2023),* adopted, 2023 U.S. Dist. LEXIS 200342 (E.D. Tex. Nov. 7, 2023).* [I have rubber bands on the right steering wheel lever on my car because the mailbox down the street can’t take more than 4 envelopes at a time. That’s a piece of RS I’m handling bulk cash?]
Defendant was not in custody during his interview while sitting in the front seat of an unmarked police vehicle. Officers (including the SWAT team) had executed a child pornography search warrant at his house. He was told the interview was voluntary and he could leave anytime. United States v. Pennington, 2023 U.S. App. LEXIS 29957 (5th Cir. Nov. 9, 2023).*
A motorist was stopped and searched and his car was seized, towed, and impounded. Later it was sold by the towing company for expenses. Toyota had a security interest in it. Toyota stated a claim for loss of the car. Toyota Motor Credit Corp. v. Borough of Wyo., 2023 U.S. Dist. LEXIS 202072 (M.D. Pa. Nov. 9, 2023).
There was no license plate on the back of defendant’s car. Once stopped, and the officer approached, he could see a temporary tag in the rear window, but it was only visible from a few feet away. That didn’t comply with state law. State v. Core, 2023-Ohio-4061 (2d Dist. Nov. 9, 2023).*
The officer here saw what was believed to be a hand to hand drug transaction at a motel. As the officer approached, defendant walked into the hotel property and wandered around. It turned out he wasn’t a guest there. His stop was with reasonable suspicion. State v. Partin, 2023-Ohio-4056 (2d Dist. Nov. 9, 2023).*
Posted in§ 1983 / Bivens, Reasonable suspicion, Seizure|Comments Off on M.D.Pa.: Car company with security interest had claim for alleged illegal disposal of seized car
Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as it will dissuade law enforcement from future delays, Smith, 967 F.3d at 212, the court GRANTS Mr. Delima’s motion to suppress the evidence obtained from Cell Phones 1 and 2 pursuant to the 9/15/22 Warrant under Smith.” As to a second phone, suppression is denied. United States v. Delima, 2023 U.S. Dist. LEXIS 201552 (D. Vt. Nov. 9, 2023).
VA employees have no reasonable expectation of privacy in work emails, even with their lawyer. Sickels v. McDonough, 2023 U.S. Dist. LEXIS 201554 (E.D. Mo. Nov. 9, 2023).*
Despite some proof of pretext, the stop had an objective basis for violation of traffic laws. The grant of the motion to suppress is reversed. State v. Goodpasture, 2023-Ohio-4060 (2d Dist. Nov. 9, 2023).*
Posted inCell phones, E-mail, Pretext|Comments Off on D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one
The officers’ protective sweep of a property with a working meth lab was objectively reasonable. United States v. Moreno, 2023 U.S. Dist. LEXIS 201424 (N.D. Tex. Nov. 9, 2023).
Defendant’s cell phone was used during the period the rape victim was drunk and passed out in his house and he showed things on the phone to the police during his police interview. There was probable cause the phone had evidence relating to the events on the phone, and the trial court erred in suppressing the phone’s contents. State v. Black, 2023 Ga. App. LEXIS 542 (Oct. 4, 2023).*
Defendant was a convicted sex offender barred from contact with children. His being seen with a child was reasonable suspicion for a parole search of his house. United States v. McConnell, 2023 U.S. App. LEXIS 29894 (3d Cir. Nov. 9, 2023).*
Plaintiff was tried and acquitted and sued for malicious prosecution. There was probable cause for the underlying case. Griffin v. Asla, 2023 U.S. App. LEXIS 29929 (9th Cir. Nov. 9, 2023).*
“In 2007, the Texas Legislature instituted the Sexually Oriented Business Fee Act (‘the SOBF’)” which requires admission fees into strip clubs and records inspections. A sexually oriented business is not one of those that can be “closely regulated” for administrative inspections. 9000 Airport LLC v. Hegar, 2023 U.S. Dist. LEXIS 201337 (S.D. Tex. Nov. 9, 2023):
Claiming plaintiff was “forced to turn himself in” on a summons didn’t state a claim for a Fourth Amendment seizure. State ex rel. Atty.-Gen. v. Ballard, 2023 W. Va. LEXIS 473 (Nov. 9, 2023).
“The warrant in this case listed items to be searched to include ‘any records, notes, electronics such as cell phones and their content, etc. pertaining to narcotic activity, firearms.’ The undersigned finds that the phrase ‘pertaining to narcotic activity, firearms’ sufficiently limits the evidence to be seized to satisfy the particularity requirement.” United States v. Holden, 2023 U.S. Dist. LEXIS 200631 (W.D. Mo. Oct. 13, 2023),* adopted, 2023 U.S. Dist. LEXIS 199598 (W.D.Mo. Nov. 7, 2023).*
The officer had reasonable suspicion defendant was involved in drug trafficking when he went to his hotel room and used a ruse to get him to open the door to talk, then defendant was handcuffed. United States v. Gwin, 2023 U.S. Dist. LEXIS 200623 (E.D. Mo. Oct. 18, 2023),* adopted, 2023 U.S. Dist. LEXIS 199737 (E.D. Mo. Nov. 7, 2023).*
The state failed to justify the entry here on officer safety grounds because their neighbor disturbance call included no reference to potential violence or threats and no good reason could be articulated other than “officer safety” which essentially is always a concern. Plain view suppressed. Also, Fourth Amendment standing is not jurisdictional, and the state waives it by not asserting it in the trial court. State v. Ward, 2023 W. Va. LEXIS 474 (Nov. 9, 2023). Update: See techdirt: WV Supreme Court: Omnipresent Concern Like ‘Officer Safety’ Can’t Be Used To Excuse Constitutional Violations by Tim Cushing
Defendant’s state constitutional claim that exit orders under the Fourth Amendment and Mimms should be subject to a broader rule under the state constitution wasn’t decided despite his requests. Remanded for that. Davis v. State, 2023 Del. LEXIS 376 (Nov. 8, 2023).*
There was reasonable suspicion for defendant’s stop and frisk based on information from an informant somewhat corroborated and then their own observations. State v. Gilbert, 2023 La. App. LEXIS 1860 (La. App. 5 Cir Nov. 8, 2023).*
Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The car and phone were abandoned. Alternatively, seizure of the phone was justified by the emergency aid exception. Commonwealth v. Hall, 2023 PA Super 224, 2023 Pa. Super. LEXIS 513 (Nov. 3, 2023).
In objecting to the R&R, defendant keeps arguing about his Fourth Amendment waiver for his probation search, but there was no waiver issue, and the search was valid on the merits. The court has already held this. Pendergrass v. United States, 2023 U.S. Dist. LEXIS 200350 (N.D. Ga. Nov. 7, 2023).*
Defendants were arrested and jail calls revealed an effort to destroy evidence at their house. That led to s search warrant for the house. Defendant’s Franks challenge that he was not yet a convicted felon wasn’t material to the probable cause finding because there was other evidence supporting the warrant. State v. Holbrook, 2023 Neb. App. LEXIS 282 (Nov. 7, 2023).*
Defendant was not an overnight guest and was a casual visitor to the premises who lacked standing [heavily relying on a pre-Carter case of mine from 1985 where there was no standing]. United States v. Quigley, 2023 U.S. Dist. LEXIS 200865 (D.S.D. Nov. 7, 2023).*
The plain view of a plastic container of marijuana in defendant’s car was reasonable. Defendant seeks a different inadvertence requirement under the state constitution but doesn’t say how or why it should be found. In any event, even if it existed, it wouldn’t help him here. State v. Lane, 2023-Ohio-4044 (1st Dist. Nov. 8, 2023).*
The trial court’s order stated that this juvenile’s consent to taking his DNA was involuntary. He had been previously involved in violent interactions with the police and his mother was coercing him too. In re J.G., 2023-Ohio-4042 (1st Dist. Nov. 8, 2023).*
Whether there was effective consent doesn’t matter where there was reasonable suspicion for the detention. State v. Barone, 2023 Fla. App. LEXIS 7675 (Fla. 4th DCA Nov. 8, 2023).*
Defendant was an overnight guest, but the homeowner told him to get out and called the police on him because he was tearing the place up. “The Court finds it doubtful that “society is prepared to recognize as reasonable” Starghill’s subjective expectation of privacy when he refused to leave Mullins’s home after being explicitly told to. Just because Starghill had stayed the night did not grant him a reasonable expectation of privacy in the bedroom in perpetuum.” United States v. Starghill, 2023 U.S. Dist. LEXIS 200609 (E.D. Ky. Nov. 8, 2023).
Defendant was charged with PPP fraud under the CARES Act for using money for his business to buy a vacation home. The search warrant for email and other records was based in part on a grand jury indictment which itself shows probable cause. It was also not stale and was particular. United States v. Perkins, 2023 U.S. Dist. LEXIS 200145 (M.D. Pa. Nov. 7, 2023).*
The standard for voluntariness of consent is the same under the Fourth Amendment and the state constitution. This was consensual. S. v. D.S. (In re D.), 329 Or App 96, 2023 Ore. App. LEXIS 1102 (Nov. 8, 2023).*
No CoA for appeal of a 2254 for defense counsel’s alleged failure to challenge CSLI. Dunnington v. Lumpkin, 2023 U.S. App. LEXIS 29777 (5th Cir. Nov. 7, 2023).*
The state probation search waiver statute doesn’t refer to suspended sentences, but the court has the power to impose it there, too, even without a supervision requirement. Johnson v. State, 2023 Ark. App. 509 (Nov. 8, 2023).
The dog sniff of the car done contemporaneously with the defendant’s records check did not prolong the stop. The video shows the stopping officer working the computer while it was happening. United States v. Burney, 2023 U.S. Dist. LEXIS 200076 (E.D.N.C. Nov. 7, 2023).*
The affidavit for warrant wasn’t materially false. It stated that one purpose of the search was to identify a man named “Quiet.” The fact a witness couldn’t ID Quiet adds nothing nor does it detract. United States v. Bermudez, 2023 U.S. Dist. LEXIS 200006 (S.D.N.Y. Nov. 7, 2023).*
The search warrant was for “Apartment 1” and it included a picture. That apartment was searched. The warrant was particular. United States v. Quinones, 2023 U.S. Dist. LEXIS 200208 (W.D.N.Y. Oct. 4, 2023), adopted, 2023 U.S. Dist. LEXIS 197910 (W.D.N.Y. Nov. 3, 2023).* (Really?)
The alleged failure of the clerk of court to file and stamp warrants was not a Fourth Amendment claim for a § 1983 case. Jordan v. Newman, 2023 U.S. App. LEXIS 29766 (4th Cir. Nov. 8, 2023).
The taking of defendant’s statement was already held not coerced, so it can’t be fruit of the poisonous tree on post-conviction. State v. Goodwin, 2023 Tenn. Crim. App. LEXIS 454 (Nov. 7, 2023).*
Defendant’s Franks challenge fails because he doesn’t show that any of the omitted information was material to probable cause. United States v. Thompson, 2023 U.S. Dist. LEXIS 199880 (M.D. Fla. Oct. 4, 2023).*
True the affidavit for warrant didn’t show why the informant was reliable, but this was a controlled buy observed by the officer, and that was probable cause. United States v. Ross, 2023 U.S. Dist. LEXIS 199892 (E.D. Mich. Nov. 7, 2023).*
Plaintiff leased a vehicle to a motorist who got behind in payments. By the time it was ready to repossess, VW Credit found out that the city had the car towed and held by a towing company which refused to let VW repossess without paying [the excessive fee of] $4400 for towing and storage because the city had to approve. VW Credit stated a Fourth Amendment claim for unreasonable retention of the car it owned without there being a showing to a court of any justification. VW Credit Leasing Ltd.. v. City of San Mateo, 2023 U.S. Dist. LEXIS 200008 (N.D. Cal. Nov. 7, 2023).
“[B]ecause Officer Barbour witnessed Defendant drive his car over the center of the road, Officer Barbour had enough to support an inference that Defendant violated section 20-146, regardless of Officer Barbour’s subjective motive for stopping Defendant.” State v. McLeod, 2023 N.C. App. LEXIS 675 (Nov. 7, 2023).*
Defendant was arrested, and his backpack came with him back to the police station. It was subject to inventory. United States v. Wilborne, 2023 U.S. App. LEXIS 29635 (4th Cir. Nov. 7, 2023).*
“But while the drug pipe in the passenger’s pocket does not lend support for probable cause that Roe was operating while intoxicated, excluding this evidence from consideration is not fatal to the warrant as Roe’s other arguments on the lack of probable cause are unconvincing.” State v. Roe, 2023 Iowa App. LEXIS 878 (Nov. 8, 2023).
This started as a mere encounter, and defendant fled and abandoned a gun. All that was reasonable suspicion. Commonwealth v. Rice, 2023 PA Super 227, 2023 Pa. Super. LEXIS 525 (Nov. 7, 2023).*
The officer stopping behind defendant’s car on the highway parked partially in a lane of traffic causing other cars to move over to get around it was reasonable under the state’s “public servant exception of the community caretaking doctrine” was reasonable. Commonwealth v. Patterson, 2023 PA Super 228, 2023 Pa. Super. LEXIS 526 (Nov. 7, 2023).*
Falsely telling defendant that officers wouldn’t tow his car if he consented to a search made the consent involuntary. Here, the officer’s statement as to the law was false. Boitez v. Superior Court, 2023 Cal. App. LEXIS 859 (3d Dist. Nov. 7, 2023).
“[A] review of the record confirms the post-conviction court’s finding that counsel thoroughly litigated the motion to suppress, attacked the probable cause of the warrants, challenged law enforcement’s execution of the warrants, and argued that the warrants were overbroad. Thus, the district court properly concluded that Bowman was not entitled to relief on Claim 2.” Obviously no IAC and thus CoA. Bowman v. Sec’y, Dep’t of Corr., 2023 U.S. App. LEXIS 29658 (11th Cir. Nov. 6, 2023).*
The fact defendant’s cell phone had been seized but not searched before the search warrant application was made isn’t material to the probable cause showing for the warrant. United States v. Jackson, 2023 U.S. Dist. LEXIS 199739 (D. Vt. Nov. 7, 2023).*
There is no reasonable expectation of privacy in a license plate number. Officers can run any LPN number. They can also walk up to his car in his driveway and look at it. Becerra v. City of Albuquerque, 2023 U.S. App. LEXIS 29608 (10th Cir. Nov. 7, 2023).
Carpenter wasn’t the law when 2254 petitioner’s direct appeal was decided, so controlling SCOTUS caselaw wasn’t misapplied. Still, Stone applies, and he had a full and fair opportunity to keep litigating the issue. Jiles v. Kirkpatrick, 2023 U.S. Dist. LEXIS 199059 (W.D.N.Y. Nov. 6, 2023).*
One year was not stale in a child pornography case. United States v. Holland, 2023 U.S. App. LEXIS 29585 (11th Cir. Nov. 7, 2023).*
Officers parked their patrol car and were on foot patrol in a seriously high crime area and saw three young men working on a motorbike. As they approached, one could see the unmistakable “L” shape of a gun in the pocket of one. That led to a legitimate encounter. United States v. Terry, 2023 U.S. Dist. LEXIS 199374 (E.D. Va. Nov. 3, 2023).*
The cell phone search case of the CIA officer noted here from two weeks ago resulted in a guilty plea yesterday to some counts. NYT: Former C.I.A. Officer Pleads Guilty to Sexual Abuse Charges (“The former officer, Brian Jeffrey Raymond, 47, admitted that he had sexually assaulted dozens of women, dating back as far as 2006, both in the United States and overseas, federal prosecutors said.”)
Posted inCell phones|Comments Off on NYT: CIA officer’s cell phone search case pled yesterday
In a petition for return of property seized from a business, it was only required to show a possessory interest and likelihood of return. An evidentiary quality response isn’t required. State v. Allen, 2023-Ohio-4032, 2023 Ohio App. LEXIS 3869 (11th Dist. Nov. 6, 2023).
In a white collar case, the government seized cell phones during a search, and then it applied for warrants. Relying on common sense that cell phones are backed up and then synced when replaced, the government was able to show probable cause and the information was not stale as to other cell phones maybe that could not be shown to be associated with the crime. “In short, given the qualities of the electronic evidence sought and the long-term and ongoing nature of criminal conduct at issue, the passage of time as to some of the information known to Agent Williams did not render the facts supporting probable cause stale.” United States v. Watson, 2023 U.S. Dist. LEXIS 199071 (E.D.N.Y. Nov. 6, 2023).*
Based on investigation, “the Court finds that officers had reasonable suspicion to conduct an investigatory stop of Defendants’ vehicle and probable cause to arrest Defendants for financial exploitation of an elder.” Seizure of a cell phone for a later warrant was also reasonable. United States v. Brown, 2023 U.S. Dist. LEXIS 198843 (E.D. Tenn. Oct. 18, 2023),* adopted, 2023 U.S. Dist. LEXIS 197890 (E.D. Tenn. Nov. 3, 2023).*
It was permissible for officers to seize firearms seen in plain view during this protective sweep. United States v. Riley, 2023 U.S. Dist. LEXIS 198798 (S.D. Ohio Nov. 6, 2023).
“Given the totality of the circumstances and the numerous distinctions between this case and McNeely and Oaks, we conclude that the blood draw was justified by exigent circumstances. Unlike McNeely, once Defendant refused consent to a blood draw, Officer Millsaps began the process to obtain a warrant and did so as efficiently as possible. Officer Millsaps prepared the application and called the general sessions judge ‘at least five times,’ but the judge did not answer any of the calls. He then reached out to the on-call district attorney who advised him to proceed with the blood draw without a warrant under the circumstances.” State v. Davis, 2023 Tenn. Crim. App. LEXIS 451 (Nov. 6, 2023).*
“Here, as the People correctly concede, the detective’s on-the-scene observations during the two controlled drug buys fell short of probable cause without the information provided to him by the CI. Although the detective saw the CI walk toward the subject building and later return to the predesignated meeting location, he was unable to confirm that the CI had actually purchased the narcotics from the subject apartment (see People v Nettles, 172 AD3d at 1103-1104).” People v. Huginnie, 2023 NY Slip Op 05516 (2d Dept. Nov. 1, 2023).* (This is a NY only issue.)
"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“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, Let it Bleed (album, 1969)
"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]
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.” – John le Carré, The Night Manager (1993), line by Richard Roper
"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." —Johnson v. United States, 333 U.S. 10, 13-14 (1948)
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
