Defendant was legally detained as an alleged illegal alien, but the search of her purse in her work locker was unreasonable. It was not abandoned and the employer could not consent. United States v. Chavez, 2011 U.S. Dist. LEXIS 132960 (D. Neb. October 3, 2011).
Informant’s reliability was sufficiently shown to justify the stop of the taxicab defendant was riding in. State v. Palmer, 2011 Tenn. Crim. App. LEXIS 834 (November 14, 2011).* (The court finds the driver consented to a search of the cab, but how can the cab driver consent to a search of the belongings of the defendant in the car?)
The district court erred in dismissing plaintiff’s complaint for false arrest under Heck because he had not yet been convicted, but that was harmless when he was later convicted and the Heck bar was triggered. Taylor v. Freeman, 447 Fed. Appx. 78 (11th Cir. 2011).*
In three related cases, entry into defendant’s home after a controlled buy heard on a wire was with exigent circumstances. As to the latter case, a cell phone is so ubiquitous that it is not a “criminal tool.” State v. Freeman, 2011 Ohio 5651, 2011 Ohio App. LEXIS 4637 (8th Dist. November 3, 2011); State v. Atkinson, 2011 Ohio 5918, 2011 Ohio App. LEXIS 4848 (November 17, 2011); State v. Creighton, 2011 Ohio 5919, 2011 Ohio App. LEXIS 4842 (8th Dist. November 17, 2011).
Officers were at an apartment complex responding to a man with a gun call, and they were ultimately directed to a Buick in the parking lot which they looked in with a flashlight and saw drugs. The search of the car thereafter was valid. Even though the driver was not right there, it was still inherently mobile. State v. Miller, 2011 Ohio 5860, 2011 Ohio App. LEXIS 4798 (11th Dist. November 14, 2011).*
Police got a call about a suspicious man in a purple car. Defendant was seen in the car and observed going up to the side of a house then to the porch and back to the car. The officer had probable cause to believe that defendant was there to break into houses, and his stop was justified. State v. Williams, 2011 Ohio 5909, 2011 Ohio App. LEXIS 4825 (6th Dist. November 10, 2011).*
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Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
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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)