Archives for: October 2012, 13

10/13/12

Permalink 11:10:03 am, by fourth, 208 words, 294 views   English (US)
Categories: General

WA: SI after handcuffing of computer bag and rolling duffle bag for armed robbery was valid

Defendant was leaving a hotel room with a laptop bag and a rolling duffle bag when he was subjected to a felony arrest at gunpoint for armed robbery. After he was handcuffed, his laptop bag and dufflebag were pushed about a car length away and searched. The search was valid under the state constitution as incident to an arrest because defendant was wanted for a violent crime and there were others around in a public place. State v. MacDicken, 171 Wn. App. 169, 286 P.3d 413 (2012).

The officer stopping defendant already had probable cause to believe that he was involved in drugs but used a traffic stop as a cover (“whisper stop”). Defendant refused to consent to a search, but the officer used a drug dog which alerted on the car. Since the officer already had at least reasonable suspicion, the detention for the sniff was reasonable. United States v. Son, 2012 U.S. Dist. LEXIS 146107 (N.D. Ga. August 15, 2012)*:

n. 3 A "whisper stop" is used in investigations to avoid disclosure of the underlying drug investigation and, in this case, to protect the role of the confidential informant. Although the trooper is aware of facts related to the drug investigation, a traffic stop based on a violation of traffic laws is conducted.

Permalink 10:57:34 am, by fourth, 178 words, 223 views   English (US)
Categories: General

NPR: "Who Feels The Scars Of 'Stop And Frisk'?" & The Nation: "Stopped-and-Frisked: 'For Being a F**king Mutt'"

NPR: Who Feels The Scars Of 'Stop And Frisk'?:

The New York City council Wednesday held a hearing about blocking the controversial "stop and frisk" policy. That allows police to stop, search, and question people suspected of carrying weapons or drugs. It's also the subject of a New York Times short film. Host Michel Martin speaks with a producer and a young man featured in the film.

See also The Nation: Stopped-and-Frisked: 'For Being a F**king Mutt' [VIDEO] by Ross Tuttle and Erin Schneider:

Exclusive audio obtained by The Nation of a stop-and-frisk carried out by the New York Police Department freshly reveals the discriminatory and unprofessional way in which this controversial policy is being implemented on the city’s streets.

On June 3, 2011, three plainclothes New York City Police officers stopped a Harlem teenager named Alvin and two of the officers questioned and frisked him while the third remained in their unmarked car. Alvin secretly captured the interaction on his cell phone, and the resulting audio is one of the only known recordings of stop-and-frisk in action.

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"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me

"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

"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."
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"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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