Defendant’s arrest was invalid, so the inventory of his car was invalid. Commonwealth v. Williams, 2016 Mass. Super. LEXIS 19 (Wooster Feb. 18, 2016).
The protective sweep here was invalid, but that did not require suppression of the search. Excising the information learned from the protective sweep from the affidavit for the search warrant still left probable cause, and the search is valid. United States v. Haynie, 2016 U.S. Dist. LEXIS 29323 (D.Neb. March 8, 2016).*
Defendant’s 2255 IAC claim on the search was an issue already decided in the direct appeal and couldn’t be heard now. Wade v. United States, 2016 U.S. Dist. LEXIS 30065 (N.D.Ga. Jan. 13, 2016),* adopted 2016 U.S. Dist. LEXIS 29169 (N.D. Ga. Mar. 8, 2016).*
A civilian police oversight board said San Francisco police officers had no valid reason to arrest a public defender inside the city’s courthouse after she objected to investigators questioning a client.
Posted inPolice misconduct|Comments Off on San Francisco Chronicle: Police panel upholds complaint for arresting public defender
President Obama told an audience of technology enthusiasts in Austin that he supported efforts to gain protected information from electronic devices, opposing the stance taken by Apple.
Posted inSurveillance technology|Comments Off on NYTimes: Obama, at South by Southwest, Backs Law Enforcement in Fight Over Encryption
The Justice Department reasserted claims that the tech company is putting its brand ahead of safety in formal legal rebuttal over landmark privacy case
Posted inSurveillance technology|Comments Off on The Guardian: Apple accused of trying to make iPhones ‘warrant-proof’ in FBI case
Officers did a knock-and-talk on a warehouse suspected of being a location for a fence to keep his stolen goods pending resale. The entry was supported by consent and was reasonable. United States v. Danhach, 2016 U.S. App. LEXIS 4421 (5th Cir. March 9, 2016).
The officer’s conclusions leading to probable cause are buttressed by an apparent hand-to-hand drug sale they saw. Defendant failed to make his Franks burden that something in the affidavit was recklessly included or material to the finding of probable cause. United States v. Davis, 2016 U.S. Dist. LEXIS 29421 (E.D.N.C. March 8, 2016).*
Posted inConsent, Knock and talk, Probable cause|Comments Off on CA5: Knock-and-talk on a fence’s warehouse was reasonable and led to consent and plain view
Defendant arrived at the Detroit airport on a flight from Cancun, and his body language showed he was too nervous. He consented to a search of his camera and computer, and the CBP was looking for child pornography. They called for a child porn investigator of their own, and he arrived about 2¼ hours later. He found an image or two of child erotica, and they decided to let defendant enter after about four hours, but they kept the computer. It was sent to the CBP near the airport and later searched with a program designed to isolate potential child porn images without having to do a detailed forensic search of the computer. The four hour detention at Customs wasn’t unreasonable and did not make a routine entry non-routine. The limited warrantless forensic search of the computer with special software wasn’t unreasonable. United States v. Feiten, 2016 U.S. Dist. LEXIS 30331 (E.D.Mich. March 9, 2016): Continue reading →
Posted inNational security|Comments Off on WaPo: Surprise! NSA data will soon routinely be used for domestic policing that has nothing to do with terrorism
The juvenile law’s provisions for a rights warning is mandatory, and the court declines to imply a public safety exception under Quarles. In Interest of J.L.H., 2016 Mo. App. LEXIS 211 (March 8, 2016).
Plaintiff’s Fourth Amendment prison cell search claim over taking his civil complaint papers doesn’t survive. Simmons v. Szelewski, 2016 U.S. App. LEXIS 4239 (3d Cir. March 7, 2016).
Police received a predawn anonymous tip of a man in a silver car waving a gun in an apartment building’s parking lot. He arrived and saw the likely car, and it moved when the officer was seen. The officer got out and walked to the car to inquire and there was a gun in plain view. All this was reasonable. Grayson v. State, 2016 Ind. App. LEXIS 58 (March 8, 2016).*
Posted inInformant hearsay|Comments Off on MO: Quarles doesn’t apply by plain words of statute to juvenile interrogations
A “roving wiretap” from an authorized phone to a new phone is valid under the Fourth Amendment, Title III, and state law provided the judge issuing the order is notified within 48 hours. State v. Feliciano, 2016 N.J. LEXIS 229 (March 9, 2016): Continue reading →
Posted inSurveillance technology|Comments Off on NJ: A “roving wiretap” from an authorized phone to a new phone is valid under the Fourth Amendment and Title III with after the fact notice to court
Defendant was stopped for a lane change violation, and an FTA warrant appeared on a possession of marijuana charge. The officer thus could call in a drug dog because of the already lawful reason to lengthen the detention. State v. Robinson, 2016-Ohio-905, 2016 Ohio App. LEXIS 817 (4th Dist. March 4, 2016).*
The trial court’s findings of fact ignored defendant’s invalid inventory argument. Reversed. State v. Lindow, 2016-Ohio-913, 2016 Ohio App. LEXIS 830 (9th Dist. March 9, 2016).*
Although in custody, having been arrested in front of his children, defendant’s consent was valid. People v. Caesar, 2016 V.I. LEXIS 18 (March 4, 2016).*
Defendant was stopped for failure to use a turn signal and the dog sniff occurred before the standard computer checks were complete. Therefore, the stop was not extended for the dog sniff. United States v. Broadnax, 2016 U.S. Dist. LEXIS 30258 (S.D.Ga. March 3, 2016).
Defense counsel was not ineffective for not moving to suppress and working out a plea agreement where defendant was stopped for a traffic offense and had a suspended license, and then there was a dog sniff. There’s no showing that a motion to suppress would be granted. State v. West, 2016-Ohio-900, 2016 Ohio App. LEXIS 819 (5th Dist. Feb. 29, 2016).*
Defendant consulted with counsel before his guilty plea that it would be better to forego a motion to suppress to get out from under a 15 year mandatory minimum. “Here, Petitioner’s argument fails for the simple reason that the evidence presented before this Court and confirmed on appeal is that Petitioner’s decision to forego a motion to suppress was the product of reasoned discussion with Mr. Yurko — with such decision invariably being reached only after weighing the unlikelihood of success of the suppression motion.” Wintons v. United States, 2016 U.S. Dist. LEXIS 28644 (W.D.N.C. March 4, 2016).*
Posted inDog sniff, Reasonable suspicion|Comments Off on S.D.Ga.: Dog sniff during the normal computer checks are valid
Defendant’s wife seized his cell phone and turned it over to the police at their suggestion, but only because he was communicating with what he believed were underage girls for purposes of sex. The police already had all the emails as they occurred, so the inevitable discovery rule applies and no suppression. United States v. Talbott, 2015 U.S. Dist. LEXIS 176713 (W.D.Mo. Dec. 29, 2015), adopted 2016 U.S. Dist. LEXIS 27711 (W.D.Mo. Mar. 4, 2016).
Defendant had no reasonable expectation of privacy in the child pornography files on his computer he gave a password to an undercover officer to enter his computer via the internet. United States v. Giboney, 2016 U.S. Dist. LEXIS 28766 (E.D.Mo. Feb. 18, 2016).*
Posted inIndependent source, Private search|Comments Off on W.D.Mo.: Despite govt instigated private seizure of phone, emails admissible because the govt already had them
Defendant was followed to his house from a bank robbery, and his car was searched in the driveway. However, “[i]n this case, the district court did not make factual findings about whether exigent circumstances were present sufficient to justify a warrantless search under the automobile exception. Indeed, the Government argues for the first time on appeal that the automobile exception applies. Accordingly, we vacate the judgment of the district court and remand for further proceedings.” United States v. Beene, 2016 U.S. App. LEXIS 4331 (5th Cir. March 8, 2016) (2-1).
“Three Albuquerque Police Department officers shot Stephan Cordova after he raised a gun in their direction. Cordova survived and was charged with assault, although the charges were later dismissed on speedy trial grounds. Cordova then brought this action under 42 U.S.C. § 1983, claiming primarily (1) that the charges of assault were brought in bad faith; (2) that the police unreasonably prevented interaction with his family when he was in a hospital recovering from his wounds; and (3) the police used excessive force by firing on him without an adequate warning. The district court allowed only the Fourth Amendment excessive-force claims to go to trial, where a jury returned a verdict for the officers.” Affirmed. Cordova v. City of Albuquerque, 2016 U.S. App. LEXIS 4309 (10th Cir. March 8, 2016).*
“The Court concludes that the task force’s investigation of Cupp led to reasonable articulable suspicion that he was dealing drugs from his residence and had also been stealing lawnmowers, ATV’s, and motorcycles. The informant’s observations, police surveillance, video of his residence, the GPS tracker on his vehicle, and statements from Cupp’s girlfriend all contributed to the specific and articulable facts giving rise to the suspicion. The police also had reasonable suspicion to believe that Cupp was attempting to move evidence of his unlawful activities from the Bass Road location soon after the police had visited the location in response to a 911 call.” United States v. Cupp, 2016 U.S. Dist. LEXIS 28492 (N.D.Ind. March 7, 2016).*
Defendant’s two patdowns were reasonable. The first was a result of warrants out for his arrest, and he was going in the police cruiser. The second came as a result of the officer doing the patdown getting stuck with a syringe in defendant’s pocket. That further search produced meth. State v. Bean, 2016-Ohio-876, 2016 Ohio App. LEXIS 784 (12th Dist. March 7, 2016).*
Posted inGPS / Tracking Data, Pole cameras|Comments Off on N.D.Ind.: RS came from GPS, pole camera surveillance, CI’s observations, police surveillance
Police use of a regular CI who was a known methamphetamine user made him one that could be relied on to score them meth. “Considering the CI’s history and personal observation of activity at 1415, a reasonably prudent officer would be justified in relying on the CI’s information.” United States v. Rickard, 2016 U.S. Dist. LEXIS 27291 (D.Neb. March 3, 2016).
The car defendant was in was stopped for a “rough movement” on the streets. The driver’s condition suggested being under the influence, but no alcohol was smelled. The officer then suspected drugs were responsible, and he asked for and got valid consent to search. The stop was not unreasonably prolonged. Crider v. State, 2016 Ga. App. LEXIS 126 (March 7, 2016).*
Posted inConsent, Informant hearsay|Comments Off on D.Neb.: Methhead’s familiarity with drugs and observations here made him a reliable CI
Chicago officers got a call about three men with rifles, and they approached defendant’s parked car to inquire, with no particular reason to believe that the occupant was one of the men. Defendant fled the police, they gave chase, and he tossed drugs and stuff from the car during the chase. That gave probable cause to arrest. People v. Abram, 2016 IL App (1st) 132785, 2016 Ill. App. LEXIS 115 (March 7, 2016).
Defendant was in an interview room at the Joplin PD being asked question. His cell phone was pulled out and he was asked for consent. His consent was voluntary and not coerced merely by pulling out the phone. He also signed a consent to search form. United States v. Talbott, 2016 U.S. Dist. LEXIS 27711 (W.D.Mo. March 4, 2016).*
Posted inConsent, Probable cause|Comments Off on IL: Flight from a stop that was without RS was RS itself, and def’s tossing drugs while fleeing was PC
"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.
