The U.S. Court of Appeals for the Third Circuit has granted rehearing en banc in a case decided two months ago establishing that police need a warrant before attaching a GPS tracker to a suspect's vehicle.
The CI was worth crediting here because he had great detail about defendant going to California to score some marijuana to bring back to Idaho to sell, and he was corroborated by two controlled buys off the defendant. When defendant made two traffic violations, his stop was valid and reasonable suspicion existed to extend the stop. State v. Widner, 2013 Ida. App. LEXIS 89 (December 10, 2013).*
The CI here gave probable cause for defendant’s stop, not just reasonable suspicion, and the officer was also authorized to do a patdown on what he knew. State v. Cole, 2013 La. App. LEXIS 2575 (La. App. 5 Cir. December 12, 2013).*
No cause of action was stated against the defendant hospital for participating in a search and seizure on its premises. “There were no allegations of any factual or legal basis for liability against Desoto Regional for purported violations of Louisiana law or the Fourth Amendment for search and seizure.” Also, [in passing] the USMJ upheld the search in federal court [so why not collateral estoppel?]. Miller v. Desoto Reg'l Health Sys., 2013 La. App. LEXIS 2530 (La. App. 3 Cir. December 11, 2013).*
Texas’s exclusionary rule does not bar application of the independent source rule because evidence found subject to it is lawfully found. Wehrenberg v. State, 2013 Tex. Crim. App. LEXIS 1812 (December 11, 2013) (concur; dissent), appeal from 385 S.W.3d 715 (Tex. App. – Fort Worth 2012):
Defendant had moved into the place he consented to a search of a week earlier. That was apparent authority for his consent. “Surely, someone who just moved into a dwelling has as much right to consent or refuse a search as someone who has lived there for years.” United States v. Ramirez, 2013 U.S. Dist. LEXIS 174030 (D. Neb. December 11, 2013).
Defendant’s 2255 claim that his lawyer didn’t properly handle the suppression issues is completely belied by the record. United States v. Garibay, 2013 U.S. Dist. LEXIS 173871 (S.D. Cal. December 10, 2013).*
“[T]he odor of both PCP and marijuana coming from Scott's vehicle provided him with probable cause to search the entire vehicle for illegal drugs – including the side pocket of the driver's door where the subject gun was immediately visible upon opening the door.” United States v. Scott, 2013 U.S. Dist. LEXIS 173765 (W.D. Mo. November 17, 2013).*
Cut and paste error in search warrant application for a cell phone that included a laptop computer that was not even at issue was not prejudicial. Only the cell phone was searched. Hayes v. State, 2013 Ark. App. 725 (December 11, 2013).
The paraphernalia for a meth lab was found 200 yards from defendant’s house on his farm, and this was open fields. United States v. Castleman, 2013 U.S. Dist. LEXIS 173436 (E.D. Ark. December 11, 2013).*
A private party looked in defendant’s van and told the police she did. The officer asked if there was anything illegal in the van, and she went back and retrieved it. The officer never suggested the search, so it was a private search. United States v. Herrera, 2013 U.S. Dist. LEXIS 174057 (E.D. N.C. October 25, 2013),* adopted 2013 U.S. Dist. LEXIS 174058 (E.D. N.C. December 12, 2013).*
NPR: Portland Police Collect Thousands Of License Plate Numbers by Kristian Foden-Vencil (Oregon Public Broadcasting):
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Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)
Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
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"If it was easy, everybody would be doing it. It isn't, and they don't."
"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
—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
—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!”
—Pepé Le Pew
"There is never enough time, unless you are serving it."
"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)