Archives for: June 2011, 29
06/29/11
"Did Pa. Police Officer's Text Messages Violate Wiretap Act?"
Did Pa. Police Officer's Text Messages Violate Wiretap Act? by Gina Passarella in The Legal Intelligencer, June 29, 2011:
The Supreme Court of Pennsylvania has granted allocatur in two cases related to whether a police officer violates the Pennsylvania Wiretapping and Electronic Surveillance Act by pretending to be an accomplice and communicating directly with a suspect via text message.
The court granted the appeals in Commonwealth v. Cruttenden and Commonwealth v. Lanier June 16. A panel of the Superior Court ruled in June 2009 that it was "constrained" to uphold a trial court's grant of Jeffrey S. Cruttenden and Stephen Lanier's motion to suppress evidence in the criminal cases against them.
The court's decision in Cruttenden has already resulted in the upholding of other suppression rulings, including in the case of Commonwealth v. Rosa. In that case, the Superior Court held this year that a narcotics detective violated Pennsylvania's Wiretap Act by using two cell phones to receive calls intended for the phones' owners and to set up defendants' subsequent arrests on drug charges. A phone seized by the police rang frequently, and the detective answered it. Impersonating the owner of the cell phone, the detective made arrangements to meet the caller for a drug transaction. The detective met the caller and arrested him.
MO: Lack of time reference for CI's seeing drugs was lack of PC, but still GFE applied
Affidavit’s lack of a time reference for when CI saw drugs in defendant’s possession was a lack of probable cause. Nevertheless, the good faith exception applies because the officer’s belief in probable cause was not unreasonable under Leon. State v. Wilbers, 347 S.W.3d 552 (Mo. App. 2011):
That there could be some future-deterrent value in suppressing the evidence here is not debatable. “[W]e do not suggest that the exclusion of this evidence could have no deterrent effect. But our cases require any deterrence to ‘be weighed against the “substantial social costs exacted by the exclusionary rule,”’ and here exclusion is not worth the cost.” Herring, 555 U.S. 135 at __, 129 S.Ct. at 702, n.4 (internal citations omitted and emphasis added). As the error found in this case rests not on the officer, but rather on the issuing court, the good-faith exception applies.
Therefore, for all the reasons stated above, the evidence obtained as a result of the invalid search warrant is admissible by application of the good-faith exception to the exclusionary rule.
A city ordinance that permitted random stops for inspection of taxicabs was moot by the way plaintiff pursued it. G & C Transp., Inc. v McGrane, 2011 NY Slip Op 21221, 32 Misc. 3d 872, 928 N.Y.S.2d 208 (Orange Co. 2011).*
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2011-12 Term:
Ryburn
v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (Jan. 23,
2012) (other
blog)
Florence
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2012) (ScotusBlog)
United
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Messerschmidt
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Kentucky
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Camreta
v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (May 26, 2011) (ScotusBlog)
Ashcroft
v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (May 31, 2011) (ScotusBlog)
Davis
v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (June 16, 2011) (ScotusBlog)
2009-10 Term:
Michigan
v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (Dec. 7, 2009) (per
curiam) (ScotusBlog)
City
of Ontario v. Quon, 130 S.Ct. 2619, 177 L.Ed.2d 216 (June 17, 2010) (ScotusBlog)
2008-09 Term:
Herring
v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (Jan. 13,
2009) (ScotusBlog)
Pearson
v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (Jan. 21, 2009)
(ScotusBlog)
Arizona
v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (Jan. 26, 2009)
(ScotusBlog)
Arizona
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(ScotusBlog)
Safford
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L.Ed.2d 354 (June 25, 2009) (ScotusBlog)
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J.), rev'd Nix v. Williams, 467 US. 431 (1984).
—Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
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—Entick
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—United
States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
—Arizona
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—Katz
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—United
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—Mick Jagger & Keith Richards
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
—Pepé Le Pew
—Malcolm Forbes
"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)
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