Once reasonable suspicion arose in a motorist assist, the officer called for drug dog, but the closest was an hour away because they were in rural South Dakota. The detention was still reasonable under all the circumstances despite that delay. United States v. Salado, 2014 U.S. App. LEXIS 14633 (8th Cir. July 31, 2014).*
Officer who stopped a car for a traffic offense saw in plain view a syringe loaded with a clear liquid next to the driver’s leg. That was reasonable suspicion. There was a mobile meth lab in the car. State v. Buchanan, 2014-Ohio-3282, 2014 Ohio App. LEXIS 3203 (9th Dist. July 28, 2014).*
Pro se plaintiff did state enough to keep his Fourth Amendment claim from his traffic stop in court, and the district court erred in dismissing. Cobb v. Dyemartin, 2014 U.S. App. LEXIS 14712 (9th Cir. July 31, 2014).*
Defendant was a homeless man who consented to a DNA draw to exclude him in a rape investigation, which it did. Later, his DNA was tied to a burglary. His consent to the DNA draw included letting them keep it even though he was cleared of suspicion of the prior offense. Varriale v. State, 2014 Md. App. LEXIS 70 (July 30, 2014).
Police are not required to corroborate an anonymous tip before conducting a knock and talk. State v. Nebbitt, 2014 Mo. App. LEXIS 807 (July 29, 2014).*
Where overcoming consent depends upon a Fifth Amendment violation, losing on that issue, of course, means the consent isn’t tainted. United States v. Cortez, 2014 U.S. Dist. LEXIS 102792 (E.D. Mich. July 29, 2014).*
Posted inDNA|Comments Off on MD: Consent to an earlier DNA draw to exclude didn’t preclude police keeping the DNA on file
A battle over a proposal, packed away in a broader initiative meant to raise the financial cap on medical malpractice awards, is being closely watched across the country.
Posted inDrug or alcohol testing|Comments Off on NYTimes: California Asks: Should Doctors Face Drug Tests?
“Attorneys’ incomes are reduced if they are forced to rely exclusively on visitation rather than the phone,’ the plaintiffs allege.
Posted inUncategorized|Comments Off on Law.com/Texas Lawyer: Class Action Alleges Lawyers’ Calls to Inmates Still Recorded, Visitation Option Impacts Income
Discussing but saying it’s not relying on Navarette, New Jersey holds that an anonymous 911 call about a van from which shots were fired was stopped with reasonable suspicion when it was seen and a protective weapons frisk of the vehicle was proper. State v. Gamble, 2014 N.J. LEXIS 801 (July 29, 2014): Continue reading →
Posted inReasonable suspicion|Comments Off on NJ: Discussing Navarette, an anonymous 911 call about shots fired from van was RS
The Eighth Circuit has long held that the odor of ether is a strong factor in probable cause for a methamphetamine lab. Here, the affidavit for the search warrant recounted many other factors in his past drug history. At the minimum, this was not bare bones such that the GFE wouldn’t apply. United States v. Stankee, 2014 U.S. Dist. LEXIS 103487 (N.D. Iowa July 28, 2014).*
A controlled postal delivery of a package already determined to have marijuana in it led to its first being left on the porch. Then the defendant’s son came home and took it inside, so the raid on the anticipatory warrant occurred then. There was a protective sweep after the entry, and it was valid, and the product of the protective sweep was admissible. United States v. Keefauver, 2014 CCA LEXIS 521 (Army Ct. Crim. App. July 29, 2014).*
A search incident of the person was justified after an arrest for obstruction of official acts. State v. Jordan, 2014 Iowa App. LEXIS 747 (July 30, 2014).*
There was reasonable suspicion to remove the passengers from the car for a patdown. State v. Gamblin, 2014 Iowa App. LEXIS 755 (July 30, 2014).*
A prison inmate’s outgoing letters are not protected by the Fourth Amendment since Stroud (1919). State v. Burnett, 2014 Kan. LEXIS 429 (July 25, 2014)
A brief hand-to-hand transaction may have been innocent, but it was enough for a trained officer to conclude it was likely a drug deal, at least enough for a stop. United States v. Morrison, 2014 U.S. Dist. LEXIS 103410 (D. Minn. July 8, 2014).*
Defendant’s 2255 claim that there were concealed prior searches by the government has already been litigated and lost so it can’t be raised in a 2255. Triplett v. United States, 2014 U.S. Dist. LEXIS 103917 (N.D. Miss. July 30, 2014).*
“Since the Town respondents sought entry into the petitioner’s home to have the Town’s appraiser conduct an inspection of the premises, the Town respondents were required to obtain a warrant upon a showing of probable cause. By directing the petitioner to move to preclude the Town respondents from conducting an interior inspection of her home, the Supreme Court improperly shifted the burden from the Town respondents to demonstrate their entitlement to entry into the petitioner’s home upon a showing of probable cause, to the petitioner to demonstrate her right to deny entry to the Town respondents ….” In re Jacobowitz v. Board of Assessors, 2014 NY Slip Op 05544, 2014 N.Y. App. Div. LEXIS 5466 (2d Dept. July 30, 2014).
Defendant was found sleeping in a van on the curtilage of home he wasn’t living at or a guest of, so he didn’t have standing to challenge the entry onto the curtilage. United States v. Montgomery, 2014 U.S. Dist. LEXIS 104162 (W.D. Mo. July 9, 2014).*
Posted inAdministrative search, Consent, Curtilage|Comments Off on NY2: Property assessors need a warrant for an interior inspection without consent
Microsoft Corp. and its allies have prepared for a long battle in the courts and in Congress over a 1986 electronic communications law as the technology giant fights a U.S. search warrant to give up customer data it has on a server in Ireland.
Posted inComputer and cloud searches|Comments Off on Law.com: Microsoft Braces for Long Battle Over U.S. Warrant
Southern District Judge Analisa Torres said police unions’ intervenor bids opposing the settlement between New York City and plaintiffs in stop-and-frisk litigation were untimely and the unions had “no significant protectable interests relating to the subject of the litigation that would warrant intervention.”
Posted inStop and frisk|Comments Off on Law.com: Police Unions’ Motion Denied in NYC Stop/Frisk
Microsoft is set to argue in federal court Thursday why the government shouldn’t be able to access customer emails stored in overseas servers, and the company wants users to know why they oppose what could set a dangerous privacy precedent.
Microsoft general counsel Brad Smith explained in a Wall Street Journal op-ed Tuesday night why the company should not be forced to turn over emails stored in an offshore Dublin, Ireland server as part of a larger federal narcotics investigation, and how such a decision could open the door to future federal Fourth Amendment violations.
Posted inE-mail|Comments Off on Daily Caller: Government’s Crafty New Method Of Accessing Your Email
When the government demands that your cell phone carrier reveal information about where you’ve been, or where you’re going to go, they should get a warrant. Location information is exactly the kind of sensitive information that the Fourth Amendment is supposed to protect. That’s why we filed a “friend of the court” brief in the Northern District of California on Tuesday urging a federal magistrate judge to tell the government to come back with a warrant when asking for historical cell site location information.
Posted inCell phones|Comments Off on ACLU Urges SF Federal Court to Tackle Warrantless Cell Tracking
Roger Carlos was in the 10600 block of Westover Hills Boulevard taking photos of a building that will soon be home to his wife’s medical practice, when he was approached by three officers around 2:30 p.m. The officers were identified as an undercover drug task force officer and two SAPD SWAT members. According to an SAPD incident report released to the I-Team, the officers had been pursuing a suspect nearby who was wanted on a felony warrant.
Posted inPolice misconduct|Comments Off on CBS: Man beaten, three SAPD officers investigated for possible excessive force after case of ‘mistaken identity’
Photos released Monday by an East New York advocacy group show Rosan Miller, 27, struggling with a cop who appears to have his arm around her neck in a move prohibited by the police department.
Posted inPolice misconduct|Comments Off on NYDN: Pregnant woman apparently put in chokehold by NYPD cop during dispute over illegal grilling
It’s clear that people consider location information-which can reveal who we associate with, our patterns of movement, and things like religion, sexual practices, and political affiliations-to remain private.
Posted inCell phones|Comments Off on EFF: A National Consensus: Cell Phone Location Records Are Private
A drug dog alerted at defendant’s door. After the motion to suppress was filed, but before it was heard, Jardines was decided. Because Eighth Circuit precedent allowed the use of a dog at the door prior to Jardines, the Davis good faith exception applies. The fact Jardines had been argued at the time of the search doesn’t change the result. United States v. Davis, 2014 U.S. App. LEXIS 14400 (8th Cir. July 29, 2014): Continue reading →
Posted inCurtilage, Dog sniff, Good faith exception|Comments Off on CA8: Pre-Jardines dog search at the door saved by Davis good faith; Jardines had been already argued
Being diverted at the border to a secondary inspection area is not custody for Miranda purposes. United States v. Sanchez-Avitia, 2014 U.S. Dist. LEXIS 103233 (D. Ariz. March 26, 2014).
Since there was no violation of the Fifth Amendment during this traffic stop, the consent was voluntary and not tainted by that. United States v. Cortez, 2014 U.S. Dist. LEXIS 102792 (S.D. Mich. July 29, 2014).*
The affidavit for the search warrant showed plenty of nexus to the premises to be searched because of the activities recounted there. United States v. DeJournett, 2014 U.S. Dist. LEXIS 103271 (N.D. Ohio July 29, 2014).*
Posted inBorder search, Consent, Nexus|Comments Off on D.Ariz.: Being diverted at the border to a secondary inspection area is not custody for Miranda purposes
A prominent senator unveiled legislation Tuesday that would end the National Security Agency’s bulk collection of all telephone metadata—a package that still provides the nation’s spooks limited access to the data of every phone call made to and from the US. And the probable-cause standard under the Fourth Amendment is not present.
Conceding the realpolitik, civil rights groups and others are backing the proposal from Patrick Leahy, the Democratic chairman of the Senate Judiciary Committee, even though the NSA may acquire the data absent constitutional protections.
Posted inFISA|Comments Off on Ars Technica: Analysis: Bill banning phone metadata collection gives NSA access to it
"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.
