A broken taillight lens that shows both red and white light was sufficient cause for a stop under Arkansas law. Robinson v. State, 2014 Ark. 101 (March 6, 2014) (4-1-2).*
Officers were justified in approaching defendant as an apparent trespasser with reasonable suspicion, and the pill bottle in his hand was in plain view. State v. Marshall, 2014 La. LEXIS 443 (February 26, 2014).*
The passenger made no attempt to show any possessory interest in the vehicle he was in, and the 4.9 pounds of methamphetamine hidden in the dashboard was not suppressed. United States v. Manzo, 2014 U.S. Dist. LEXIS 27244 (D. Kan. March 4, 2014).*
Defendant had the cell phone but it was issued under the name of another because, he claimed, he couldn’t get one on his own. The government argued no standing. The defendant, however, had standing in the cell phone to question the historical cell site location information because he possessed and used the phone and acknowledged it was his. The information was obtained by court order and was otherwise valid under the order or the good faith exception. United States v. Herron, 2014 U.S. Dist. LEXIS 26989 (E.D. N.Y. March 3, 2014):
In a forfeiture case, the District Court did not err in striking defendant’s Fourth Amendment defense where he didn’t answer the special interrogatories. United States v. $154,853.00 in United States Currency, 2014 U.S. App. LEXIS 3987 (8th Cir. March 4, 2014):
A defendant charged with distribution of drugs has no standing to challenge the warrantless search of his alleged buyer who was seized after an alleged hand to hand sale between them. Commonwealth v. Negron, 2014 Mass. App. LEXIS 20 (March 3, 2014).*
Since defendant’s girlfriend called the police on him and consented to their entry, it was irrelevant that defense counsel didn’t argue for police created exigency. United States v. Livingston, 2014 U.S. Dist. LEXIS 27004 (M.D. Pa. March 4, 2014).*
Smell of marijuana, delay in putting car in park, and furtive movement with hands justified extending stop, ordering occupants out of the car, and frisking defendant. People v. Charles, 2014 V.I. LEXIS 7 (February 26, 2014).*
Defendant was stopped for not having a bumper. The officer never asked for a DL or checked the license, and instead went right into asking about drugs. The stop was unreasonably extended. Bennett v. State, 2014 Ga. App. LEXIS 93 (March 3, 2014).*
On a road 45 miles from the border, Border Patrol agents saw two vehicles in tandem. They followed. When one slowed they went after the other. The drivers of both were talking on cell phones, and the officers surmised it was to each other. Applying the usual factors (“(1) characteristics of the area; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the driver, including obvious attempts to evade officers; (6) appearance or behavior of passengers; (7) model and appearance of the vehicle; and, (8) officer experience.”) On the totality, “Giving due weight to the collective knowledge of the agents involved along with the reasonable inferences drawn by the officers, the Court finds that there was reasonable suspicion to believe that Defendant was engaged in illegal activity. The stop comported with the Fourth Amendment.” United States v. Rodriguez-Rubio, 2014 U.S. Dist. LEXIS 26835 (D. Ariz. January 21, 2014),* adopted 2014 U.S. Dist. LEXIS 26030 (D. Ariz. Feb. 27, 2014).
Omer Tene & Jules Polonetsky, Future of Privacy Forum: A Theory Of Creepy: Technology, Privacy And Shifting Social Norms, 16 Yale J. L. & Tech. 59 ((March 5, 2014).
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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)