The non-disclosure provision of National Security Letters violates the First Amendment as a prior restraint, and it is nonseverable from the rest of the statute. Therefore, the statute is unconstitutional and NSL’s may not be issued. The order is stayed for 90 days to give the Court of Appeals the opportunity to address it. In re National Security Letter, No. C 11-02173 SI (N.D. Cal. March 15, 2013):
For the reasons discussed below, the Court finds that the NSL nondisclosure and judicial review provisions suffer from significant constitutional infirmities. Further, these infirmities cannot be avoided by “conforming” the language of the statute to satisfy the Constitution’s demands, because the existing statutory language and the legislative history of the statutes block that result. As such, the Court finds section 2709(c) and 3511(b) unconstitutional, but stays the judgment in order for the Ninth Circuit to consider the weighty questions of national security and First Amendment rights presented in this case.
Defendant’s garage was part of the home. She parked there and entered the house through its door. Therefore, the officer’s entry there violated the curtilage. Even if the officer had probable cause defendant had been driving recklessly, he lacked exigent circumstances to enter the apartment when the defendant answered the door. He stepped in only two feet, but that’s still an entry. Corey v. State, 2013 Ga. App. LEXIS 185 (March 13, 2013).
Defendant relied on United States v. Smith, 263 F.3d 571 (6th Cir. 2001), to have standing to challenge the search of the rental car he was driving; defendant had no standing here because he had no DL and his relation to the renter was tenuous and not a family relationship. United States v. Akinola, 2013 U.S. Dist. LEXIS 35952 (D. N.J. March 15, 2013).
Defendant’s consent is voluntary. While he speaks Spanish, the recording of his interview shows he understands English. United States v. Monarrez-Mendoza, 2013 U.S. Dist. LEXIS 35584 (N.D. Tex. March 6, 2013).*
Police received a call about a man walking pit bulls, so they went looking for him and found him. The officer rolled down his window, and defendant kept walking talking to him. The officer told him to stop and produce his ID, and defendant refused. Things escalated from there to defendant being arrested for disorderly and refusing to obey an order of the officer. The entire stop should have been suppressed because the stop was unreasonable. There was no legal basis for stopping defendant. He was in violation of no law. Harrell v. State, 109 So. 3d 604 (Miss. App. 2013).
The consenter ultimately had no actual authority to consent, but there was clear apparent authority: “The lack of ambiguity from Orphan's statements to Barahona, and from his conduct at the scene and during questioning, underscores the reasonableness of the officers' belief that Orphan lived in the home at 1301 Pear Grove Lane. Specifically, it shows that it was objectively reasonable for the officers to believe his statements that he lived in the back room with his girlfriend, and that he had been living there for three or four months, and it was objectively reasonable for the officers to thus believe that Orphan had mutual use of the property and control over it for most purposes.” United States v. Chavez, 2013 U.S. Dist. LEXIS 35628 (D. N.M. March 6, 2013).
Prosecutor’s repeated, yet unobjected to, references to defendant refusing consent to show consciousness of guilt was plain error. People v. Pollard, 2013 COA 31, 307 P.3d 1124 (2013):
The stop continued for 10 minutes, but it was complicated by defendant’s paperwork, and it was only as long as required. After that, he was validly asked for consent. United States v. Aponte, 2013 U.S. Dist. LEXIS 34017 (D. Neb. March 12, 2013).*
Defendant was driving a truck of a friend with a loud muffler, and the noise attracted the officers’ attention, and they saw him speeding. When pulled over, defendant had no paperwork for the truck, and his story was changing. Extending the stop was reasonable under the circumstances. United States v. Bernal, 2013 U.S. Dist. LEXIS 34822 (D. Guam March 11, 2013).*
On the totality, with information from other officers, officers had probable cause that defendant was involved in a hit and run, and that justified his stop. United States v. Perkins, 2013 U.S. Dist. LEXIS 34861 (D. Minn. January 11, 2013).*
A drug dog’s alert on defendant’s car justified a search of any containers in it, including her purse. United States v. Carter, 516 Fed. Appx. 344 (5th Cir. 2013).*
Officers’ entry into defendant’s curtilage was justified by seeing a gun in his waistband. United States v. Meidel, 2013 U.S. Dist. LEXIS 35227 (W.D. Mo. March 14, 2013).*
Police executed a search warrant at defendant’s house finding drugs. She was seen approaching in her car, and she was stopped. Because of the search, officers had probable cause to arrest her. When she was stopped, she admitted some drugs in her car. [Apparently she did not contest the lack of a Miranda warning.] State v. Dickey, 827 N.W.2d 792 (Minn. App. 2013).*
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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)