The search here was for a pain management clinic, and defendant was the officer manager, and her purse was searched under the warrant. “At the time of the search, agents were aware that Rosso was the office manager of the Pain Center and it was entirely reasonable for the agents to believe that the purse located on an office desk could easily contain items authorized for seizure under the search warrant, including prescription pads, prescriptions, and currency, to name a few.” United States v. Rosso, 2015 U.S. Dist. LEXIS 154435 (N.D.Ga. Sept. 3, 2015), adopted 2015 U.S. Dist. LEXIS 153609 (N.D.Ga. Nov. 12, 2015).
“The State bears the burden of proving facts that establish a basis for continued detention. … [W]hether the State has met this burden is a question of law ….” Here, there were no findings to support reasonable suspicion or not for extending the stop, so the case is vacated for findings. Reyes v. State, 2015 Ga. App. LEXIS 674 (Nov. 16, 2015).*
Posted inBurden of proof, Scope of search|Comments Off on N.D.Ga.: SW for pain management clinic permitted search of office manager’s purse because some smaller objects of search might be there
As we’ve covered before, the DOJ supports the idea of body cameras for local law enforcement agencies. It has set aside over $20 million a year in funding to help these agencies out. But it has no love for body cameras within its own agencies. There are no body cam requirements in place for FBI, DEA, ATF or the US Marshals Service. In fact, if you’re a member of a law enforcement agency which does have mandated body cams, you’re no longer welcome to play in the big boys.
Posted inBody cameras|Comments Off on techdirt: DOJ Says Body Camera-Wearing Cops Aren’t Allowed To Partner Up With Federal Agencies
The task force that was set up by the Federal Aviation Administration to develop a system for drone users to register with the federal government is expected to release its recommendations on Saturday. The FAA has been working with a task force that was set up last month to craft a registration system for drones after an increase in the number of aircraft pilots who have reported seeing the devices during flights. FAA Administrator Michael Huerta said Friday the forthcoming registration system is necessary to ensure drones can operate safely alongside commercial flights.
Posted inDrones|Comments Off on The Hill: FAA readies drone registration rules
USA Today: Police used apparently illegal wiretaps to make hundreds of arrests by Brad Heath and Brett Kelman:
RIVERSIDE, Calif. — Prosecutors in the Los Angeles suburb responsible for a huge share of the nation’s wiretaps almost certainly violated federal law when they authorized widespread eavesdropping that police used to make more than 300 arrests and seize millions of dollars in cash and drugs throughout the USA.
The violations could undermine the legality of as many as 738 wiretaps approved in Riverside County, Calif., since the middle of 2013, an investigation by USA TODAY and The Desert Sun, based on interviews and court records, has found. Prosecutors reported that those taps, often conducted by federal drug investigators, intercepted phone calls and text messages by more than 52,000 people.
Posted inSurveillance technology|Comments Off on USA Today: Police used apparently illegal wiretaps to make hundreds of arrests
A recent court ruling just made it harder for police to track down your cell phone. An Illinois district court judge issued new requirements earlier this month to better protect innocent bystanders from Stingray devices deployed in their vicinity. The cell-site simulators, whose constitutionality remains murky, are used to gather suspected criminals’ cell phone information and location, but often pick up innocent people’s data in the process.
Posted inCell site simulators|Comments Off on Verge: Illinois court sets new rules for cops using Stingrays
Failure to call witnesses at defendant’s child pornography sentencing relating to the legality of the search and seizure in the beginning of the case was not ineffective assistance. They couldn’t add anything at sentencing. Cottle v. United States, 2015 U.S. Dist. LEXIS 153711 (E.D.Ky. Nov. 13, 2015).
Despite the fact the trial court suppressed evidence in an alleged mortgage banking fraud case, the persons obtaining the warrant have qualified immunity. The officers obtaining the warrant were not “plainly incompetent.” Frost v. Delaney, 2015 N.H. LEXIS 125 (Nov. 17, 2015).*
Defendant was arrested for a drug offense, and police came to his house and obtained voluntary consent from his wife to search it. United States v. Smith, 2015 U.S. Dist. LEXIS 154661 (E.D.N.Y. Nov. 16, 2015).*
Omission of specific dates was a technical error where the affidavit as a whole showed an ongoing drug operation out of defendant’s house. Therefore, the good faith exception applies. United States v. Williams, 2015 U.S. Dist. LEXIS 154267 (D.Minn. Nov. 16, 2015), R&R 2015 U.S. Dist. LEXIS 154409 (D.Minn. Oct. 21, 2015).
A search warrant for child pornography and documents relating to it produced a blue folder with writings pertaining to defendant’s 1995 conviction for child pornography that officers were already aware of. That folder could be seized under the warrant. United States v. Baker, 2015 U.S. Dist. LEXIS 153854 (M.D.Fla. Oct. 15, 2015), adopted 2015 U.S. Dist. LEXIS 153856 (M.D. Fla. Nov. 13, 2015).*
Defendant’s consent was valid, and the search is generally sustained. Seizure of video surveillance equipment he had was suppressed because it was outside the scope of consent. United States v. Pagan, 2015 U.S. Dist. LEXIS 154623 (M.D.Pa. Nov. 16, 2015).*
Defendant was charged with violations of the Clean Air Act for removing asbestos from a construction site without notice to the government. A NYS Dept. of Labor inspector entered the gated property without consent when temporary workers were there because he could see from outside what appeared to him to be asbestos removal activities without the benefit of protective clothing by workers that, it turned out, were uninformed that they were at risk. Most of the government’s theories fail: The entry could not be based on exigent circumstances because the inspector took his time getting there that day; asbestos removal is not a recognized “pervasively regulated industry,” at least it’s a close question. The inspection was based on a state regulation to protect people from disease associated with asbestos removal. The inspector was acting in good faith reliance on a longstanding rule, and good faith under Illinois v. Krull applies. A later search warrant was obtained based on the first observations by the inspector, and it too is sustained. United States v. Kolokouris, 2015 U.S. Dist. LEXIS 153985 (W.D.N.Y. Nov. 13, 2015), R&R 2015 U.S. Dist. LEXIS 109105 (W.D.N.Y. Aug. 14, 2015): Continue reading →
Posted inAdministrative search, Exclusionary rule|Comments Off on W.D.N.Y.: Asbestos inspector’s entry under state Dept. Labor rule governed by Krull good faith; subsequent warrant not tainted in any event
A pat frisk of a prison inmate that often includes touching the genitals is not unreasonable because of the loss of liberty that comes with incarceration. There is no equal protection claim just because prison visitors don’t go through the same frisk. Matter of Morrow v. Annucci, 2015 N.Y. Misc. LEXIS 4098, 2015 NY Slip Op 25381 (Cayuga Co. Nov. 5, 2015).
Defendant was arrested on a domestic relations warrant, and his wallet was searched and money with recorded serial numbers from drug offenses he was suspected of were found. That was in plain view. [Apparently search incident was too far for them.] United States v. Pace, 2015 U.S. Dist. LEXIS 153766 (M.D.Pa. Nov. 13, 2015).*
Defendant’s search incident after a traffic stop led to his guilty plea in 2009. He lost a motion to suppress and pled guilty. Then Gant was decided. He can’t relitigate. “Here, Darcus, through counsel, litigated his Fourth Amendment claim through two motions to suppress, as part of the motion to withdraw his guilty plea, and on appeal to the Fourth Circuit. Darcus also identifies no intervening change of law that would allow him to relitigate this claim.” [Apparently Gant isn’t a change in the law to this court.] United States v. Darcus, 2015 U.S. Dist. LEXIS 153361 (E.D.Va. Nov. 12, 2015).*
The town of Westfield has agreed to pay $1.15 million to settle a federal civil rights suit by a Lowenstein Sandler attorney and his wife, also an attorney, who claimed that local police entered their home without a warrant and used excessive force when responding to complaints of a late-night gathering.
Posted inExcessive force|Comments Off on NJLJ: Lawyer Couple Gets $1.15M Settlement in Suit Against Police
The government emailed the issuing magistrate the correct attachments, but brought the wrong attachments to the court for signature. The magistrate had the correct ones on her desk, but signed the wrong one when it was handed to her. This was a technical error, not a constitutional violation, and there would be no suppression. United States v. Qazah, 2015 U.S. App. LEXIS 19911 (4th Cir. Nov. 17, 2015): Continue reading →
Posted inExclusionary rule, F.R.Crim.P. 41|Comments Off on CA4: USMJ had correct attachment emailed but wrong one was presented and signed; technical violation, not a constitutional one; no suppression
A warrantless probation search condition based on “alcohol/drug abuse” wasn’t supported by the record, and it is struck on appeal. People v. Mead, 2015 N.Y. App. Div. LEXIS 8395, 2015 NY Slip Op 08304 (4th Dept. Nov. 13, 2015).
Alleged misuse of New York State restraint of property law wasn’t state action under the Fourth Amendment. Benzemann v. Citibank N.A., 2015 U.S. App. LEXIS 19839 (2d Cir. Nov. 16, 2015).*
There is no reasonable expectation of privacy in IP addresses, even under Riley and Jones. United States v. Kline, 2015 U.S. Dist. LEXIS 153340 (S.D.Cal. Nov. 12, 2015).*
More police departments are trying to predict crime through computer analysis of data, part of the growing trend of using algorithms to analyze human behavior. Advocates say this approach focuses on those most likely to commit crimes, allowing for better relationships between police and residents. But critics say the computer models perpetuate racial profiling and infringe on civil liberties with little accountability, especially when the forecasting models are built by companies that keep their methods secret.
Posted inReasonable suspicion|Comments Off on NYTimes: Opinions: Can Predictive Policing Be Ethical and Effective?
Posted inCell phones, Surveillance technology|Comments Off on Techdirt: Manhattan DA’s Office Serves Up Craptastic White Paper Asking For A Ban On Encryption
It’s a wretched yet predictable ritual after each new terrorist attack: Certain politicians and government officials waste no time exploiting the tragedy for their own ends. The remarks on Monday by John Brennan, the director of the Central Intelligence Agency, took that to a new and disgraceful low.
Posted inNational security|Comments Off on NY Times: Editorial: Mass Surveillance Isn’t the Answer to Fighting Terrorism
A group of officers alleged to have been stealing during search warrant execution was all arrested, but the arrest was over inclusive, nabbing some innocents. “These consolidated cases arise from a sting operation designed to determine if police officers in the Kansas City, Kansas Police Department’s (KCKPD) SCORE Unit were stealing from residences while executing search warrants. As a result of the sting operation, three officers were indicted and pled guilty to federal crimes. The remaining officers brought claims under 42 U.S.C. § 1983, asserting violations of their Fourth Amendment rights for arrests without probable cause.” The search went down with bait items and it was remotely watched on video by the local police and FBI. The arrest of the three innocent officers was barred by qualified immunity. Callahan v. Unified Gov’t of Wyandotte Cnty., 2015 U.S. App. LEXIS 19872 (10th Cir. Nov. 16, 2015): Continue reading →
Posted inArrest or entry on arrest, Qualified immunity|Comments Off on CA10: Arrest of an entire police tactical unit for thefts during searches was protected by qualified immunity for the half found innocent
A dog alert on the passenger compartment includes the trunk where the back seat was partially laid down showing the inside of the trunk. State v. Kelley, 2015 Ida. App. LEXIS 116 (Nov. 10, 2015). [Not every court would say this. To most courts, smell means whole car.]
Defendant’s stop was justified for pulling into traffic without signaling, and then the odor of marijuana coming from the car justified its search. People v. Grimes, 2015 N.Y. App. Div. LEXIS 8371, 2015 NY Slip Op 08251 (4th Dept. Nov. 13, 2015).*
Defendant’s grandmother consented to a search of her attic, and she unlocked the door. The trial court credited the testimony of the officers that there was no trickery in claiming they had a search warrant when they didn’t. People v. Huff, 2015 N.Y. App. Div. LEXIS 8355, 2015 NY Slip Op 08262 (4th Dept. Nov. 13, 2015).*
Posted inConsent, Probable cause, Scope of search|Comments Off on ID: Smell of MJ from passenger compartment permitted search of trunk where trunk was open to inside of car
A district court may impose a warrantless search condition for supervised release if it makes findings. “The text of [18 U.S.C.] § 3583(d) does not limit the possibility of a warrantless-search condition to felons required to register under SORNA. Indeed, it plainly authorizes warrantless-search conditions for defendants who are not felons and who are not required to register under SORNA.” United States v. Flaugher, 2015 U.S. App. LEXIS 19801 (10th Cir. Nov. 13, 2015).
This officer responded to a shooting call, and people were in the street pointing. A man matching the description of the call and from the people there was running away holding his waistband like holding a gun. Officers got back in the car and pursued him and caught up with him. No gun, but a patdown produced a bullet from his pocket with red paint on the bottom of the bullet. Retracing the route, a gun was found, and the bullets in it had red paint, too. The stop was with reasonable suspicion. United States v. Briscoe, 2015 U.S. Dist. LEXIS 152909 (W.D.Mo. Nov. 12, 2015).*
"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.
