Defendant was at the end of parole and his final release papers had been sought on September 27, 2011. On October 7th, he was subjected to a parole search. The final papers issued October 14th. He was still on parole at the time of the search. State v. Bevington, 2012 Ohio 6285, 2012 Ohio App. LEXIS 5459 (5th Dist. December 31, 2012).*
In a 2254 appeal, defense counsel did not act ineffectively in not contesting the ability of defendant’s mother to consent to a search of a place he infrequently went to and then sought to disassociate defendant from. Peterson v. Smith, 510 Fed. Appx. 356 (6th Cir. 2013).*
Arrest of a gay man in a public park by a police gay man patrol looking to arrest men for public indecency led to dismissal of the case. Nevertheless, the arrest was with probable cause. Even if it wasn’t, the officer had qualified immunity. Alman v. Reed, 703 F.3d 887 (6th Cir. 2013).*
There was an inventory policy, and it was followed. The police here even offered to defendant for somebody to come to get the car, and he declined. Partial noncompliance with the inventory process does not make it void, as long as it was otherwise a true inventory. United States v. Shaw, 2013 U.S. Dist. LEXIS 1754 (N.D. Tex. January 7, 2013):
In Rowland the officers failed to comply with procedures requiring a listing of all items in the vehicle. Rowland, 341 F.3d at 779-80. The court held that this noncompliance was not dispositive, and it examined whether other evidence demonstrated that the inventory search was pretextual. Id. at 780. One officer testified that he had only recorded items he considered possible evidence. The court found that this indicated that the search was pretextual because, if the search had actually been for the legitimate purpose of protecting the vehicle owner's property, the officer should have recorded all the property. Id. at 781. An officer also testified that the search was partly conducted to investigate whether the vehicle contained drugs, and the officer called for a drug-sniffing dog to examine the vehicle. Id. at 780. The court pointed out that the officers had failed to follow the standardized procedures and that this failure was coupled with evidence indicating that the officers "sifted through the vehicle's contents searching only for and recording only incriminating evidence; something law enforcement may not do." Id. at 782.
So, how much is enough?
After clearing the house where there was a suspected meth lab from the strong smell of anhydrous ammonia and starter fluid, the police lacked exigency for a warrantless entry again. There was no evidence of what dangers there were from the pill soak or the odor. State v. Hawks, 2013 Tenn. Crim. App. LEXIS 2 (January 2, 2013):
The facts in this case are significantly different from the facts in Meeks. Granted, the odor of anhydrous ammonia and starter fluid was strong and could be smelled from a significant distance. However, by the time Captain Uselton arrived at the scene, police officers had removed the appellant's family from the home, had determined that the appellant was not present, and were waiting "a distance" away. Captain Uselton arrived and searched the home again but did not find anyone inside. It was the State's burden to show the existence of exigent circumstances. However, unlike Meeks, the State did not present any evidence about the dangers the strong odor or the soaking Sudafed posed to Captain Uselton, other officers at the scene, the appellant's neighbors, or anyone in the surrounding vicinity. Therefore, we conclude that the proof fails to show the existence of exigent circumstances that exempted law enforcement from searching the residence without a warrant.
A reasonably conducted foreclosure sale doesn’t violate the Fourth Amendment, even it if applies (relying on a case making such an assumption). Citimortgage, Inc. v. Kraetzner, 2013 U.S. Dist. LEXIS 1416 (D. Minn. January 4, 2013).*
Handcuffing and frisking did not extend the stop, and they were reasonable under the circumstances. United States v. Newman, 2012 U.S. Dist. LEXIS 183516 (W.D. Mo. November 15, 2012) (R&R).*
Following what it says is the better rule, there is no requirement for probable cause to each person on a wiretap as long as there is PC as to one. United States v. Tn, 2012 U.S. Dist. LEXIS 183606 (W.D. Tex. September 25, 2012).*
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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)