Defendant was subjected to a patdown that revealed a hard round object that was the size of a piece of candy. There was no reasonable basis for concluding it was a weapon, so going into his pockets to retrieve it was unreasonable. Kelley v. State, 320 Ga. App. 462, 740 S.E.2d 201 (2013).
The officer had reasonable suspicion for a patdown because the passenger fled the scene, defendant looked like he was considering it himself (whatever that means), he seemed under the influence of meth, and he was known to associate with a known meth dealer. United States v. Fry, 2013 U.S. Dist. LEXIS 36645 (D. Ore. March 12, 2013).*
Officers confronted with probable cause to believe an offense has been committed have qualified immunity to act to arrest. “‘Once probable cause to arrest someone is established ... a law enforcement officer is not required by the Constitution to investigate independently’ a suspect’s asserted defenses. Broam v. Bogan, 320 F.3d 1023, 1032 (9th Cir. 2003) (internal quotation marks and citation omitted). Because the officers reasonably believed they had probable cause to arrest Knotts for possessing an illegal weapon, they are entitled to qualified immunity.” Knotts v. Carreira, 511 Fed. Appx. 665 (9th Cir. 2013).*
The fact the Sheriff’s Office “did not ordinarily issue citations for window tint violations is immaterial” if there was, in fact, probable cause to believe there was a window tint violation. United States v. Parker, 512 Fed. Appx. 991 (11th Cir. 2013)*:
Just because the landlord’s tenant was missing for two weeks and hadn’t paid rent was not a true exigency justifying a police welfare check of his house that resulted in finding marijuana. Significantly, the landlord went in the house himself earlier finding nothing amiss, just that there was no sign of and no word from the tenant. State v. Vargas, 213 N.J. 301, 63 A.3d 175 (2013):
Defendant had standing to challenge the search of a grow operation where he had a key and stayed there in a sleeping bag a few nights a week. Just because it was also a commercial enterprise doesn’t mean he can’t have standing. He was not, however, the subscriber for the utilities, so he had no standing to challenge that. United States v. Calzada, 2013 U.S. Dist. LEXIS 36590 (W.D. Tex. March 18, 2013).
Defense counsel was not ineffective for not making an esoteric challenge to whether the PV warrant was lawfully issued that resulted in finding drugs in plain view. Defense counsel is not required to file every conceivable motion. This would be a “difficult facial challenge” to the state statute that likely would have failed, so no IAC. Scott v. United States, 2013 U.S. Dist. LEXIS 36982 (D. Mass. March 18, 2013).*
Border Patrol received an anonymous tip about a vehicle “full of aliens” in a Chevy Lumina near Nogales. Officers had a hard time finding a matching vehicle. They stopped a similarly colored Dodge Neon that was riding low. Nothing in the tip was specific or predictive and there was no reasonable suspicion as to this vehicle. Also, the road has both legitimate and illegitimate travelers. There was no reasonable suspicion here. United States v. Maldonado, 2013 U.S. Dist. LEXIS 37048 (D. Ariz. March 18, 2013),* R&R 2013 U.S. Dist. LEXIS 37082 (D. Ariz. January 30, 2013).*
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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)
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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)
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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)
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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)