Yesterday I posted this: Raw Story: Congressional bill requires welfare recipients to sign waiver of their Fourth Amendment rights. The bill’s author is Rep. Stephen Fincher of Tennessee. I Googled him and in the first page of articles was this:
Roll Call: RSC Takes Measure of Constitutionality Pledge / Neither Party Excels at Completing GOP’s Constitutionality Form by Daniel Newhauser (April 9, 2012):
Grits for Breakfast: Cell phone location tracking by government: How it's done:
Blog of the Legal Times: Judge Declares Mistrial in Drug Case at Center of Landmark Supreme Court Ruling
Requiring students to leave their belongings in a room for a drug dog to scan them did not violate the student’s Fourth Amendment rights under T.L.O. and Acton. The court distinguishes Doe v. Little Rock Sch. Dist., 380 F.3d 349 (8th Cir. 2004), holding physical searches of belongings left in a room violated Fourth Amendment. Burlison v. Springfield Pub. Schs, 708 F.3d 1034 (8th Cir. 2013):
A woman was raped, and her assailant took a picture or video of her before he left with his cell phone. Officers quickly focused on defendant who had a rape history, and they got a search warrant for his place. When executing a search warrant, he was near, and he was stopped and frisked. He conceded his detention was valid under Summers, but he argued his frisk was not because officers lacked reasonable suspicion. Because of defendant’s sexually violent past history, officers were justified in the frisk. Because cell phones are closely allied with persons and their premises, finding defendant at his house justified seizure of the cell phone found in the frisk and searching it. Search of the cell phone was fairly within the terms of the search warrant. State v. Russo, 2013 Ida. App. LEXIS 25 (March 4, 2013):
A knife in defendant’s pocket, once reasonable suspicion developed, justified a frisk. United States v. Brown, 2013 U.S. Dist. LEXIS 28752 (W.D. Mo. January 28, 2013).*
There was probable cause to arrest defendant and another for bank robbery. The bank robbers fled into woods, and the two were seen coming out of the other side of the woods stuffing stuff into bags. When they saw the police they ran. The fact there might have been homeless people living in the woods did not mean the officer should discount that. United States v. Burston, 2013 U.S. Dist. LEXIS 29018 (N.D. Ga. January 4, 2013).*
A police officer’s visual estimate of speed can be reasonable suspicion to warrant a traffic stop. State v. Dunham, 2013 VT 15, 67 A.3d 275 (2012).*
Defendant’s stop was justified by either too dark window tint or obscured license plate. As to the LPN, it didn’t matter that the officer could read it right next to it. United States v. Bates, 2013 U.S. Dist. LEXIS 28844 (E.D. La. March 4, 2013).*
Trial court erred in granting motion to suppress on an issue not even raised by defendant that the state did not get to address. State v. Duke, 2013 Ohio 743, 2013 Ohio App. LEXIS 655 (9th Dist. March 4, 2013):
Defendant had no standing to contest the stop based on pre-Jones GPS on a vehicle he wasn’t driving at the time. He had possession when it was installed, but it wasn’t his car and he wasn’t driving when it was stopped. Following United States v. Gibson, 708 F.3d 1256 (11th Cir. 2013). Therefore, Davis good faith does not have to be reached. United States v. Kabba, 2013 U.S. Dist. LEXIS 28870 (D. Mass. March 4, 2013).*
Defendant had standing to challenge the pre-Jones use of a GPS on a vehicle he was driving at the time, even if he didn’t own it. He loses, however, under the Davis good faith exception, that the law permitted it at the time. United States v. Batista, 2013 U.S. Dist. LEXIS 28710 (W.D. Va. February 27, 2013).*
Fourth Amendment cases,
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Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
Stanton v. Sims, 2013 U.S. LEXIS 7773 (Nov. 4, 2013) (per curiam)
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Fernandez v. California, granted May 20, argued Nov. 13 (ScotusBlog)
Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog)
Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013)ScotusBlog)
Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)
Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)
Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)
Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)
Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (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)