A bankruptcy adversary proceeding was instituted to get return of imported lamps with counterfeit Underwriters Laboratory stickers on them. They were seized because of the labels, and a federal prosecution started. The bankruptcy court has no jurisdiction over them because of the criminal case, and the remedy is in that court. In re Guildmaster, Inc., 2013 Bankr. LEXIS 1241 (Bankr. W.D. Mo. March 29, 2013).
The standard for detention for Miranda purposes isn’t the same as for Fourth Amendment purposes. Here, the suppression order of defendant’s statement is set aside because he could not have understood he was in custody for Miranda purposes. People v. Pleshakov, 2013 CO 18, 298 P.3d 228 (2013).*
Disputed facts underlying a Fourth Amendment qualified immunity appeal means no appellate jurisdiction. Hernandez v. Grant, 520 Fed. Appx. 668 (10th Cir. 2013).*
The community caretaking function did not support defendant’s “stop” with blue lights in a parking lot at night. Defendant was already parked with lights on, and the officer decided to see what was going on. Defendant was arrested for DUI. The opinion exhaustively discusses the community caretaking function. State v. Moats, 403 S.W.3d 170 (Tenn. 2013):
In a sex assault on a minor case, the court erroneously puts the burden on the defendant to show that the third party consenter didn’t consent rather than on the state where it belongs under the Fourth Amendment. Brown v. State, 119 So. 3d 1079 (Miss. App. 2013):
Defendant was a known drug dealer, and his actions on the day in question showed a hand-to-hand drug transaction, and that was sufficient to stop him. United States v. Jackson, 2013 U.S. Dist. LEXIS 45276 (E.D. Okla. February 28, 2013).*
Driving in the left lane without passing for one mile as justification for the stop. Abney v. State, 394 S.W.3d 542 (Tex. Crim. App. 2013).*
Defendant failed to show standing to challenge the search warrant and search of the premises in this case. A vehicle was searched which he disavowed, so he has no standing as to that either. United States v. Alamo-Santellanes, 2013 U.S. Dist. LEXIS 43872 (D. Minn. February 26, 2013).*
If the suppression issue is complicated, the court refuses to resolve it, and turns instead straight to the good faith exception. United States v. LaBatte, 2013 U.S. Dist. LEXIS 45261 (D. S.D. March 25, 2013), adopted 2013 U.S. Dist. LEXIS 73243 (D.S.D. May 23, 2013):
In light of staleness issues, those pertaining to the reliability of the juvenile informants, certain conclusory allegations, the over-seizure of evidence and the manner in which the supporting application was filled out, ascertaining -- definitively -- whether the search warrant comported with Fourth Amendment strictures is no easy task, given the facts and circumstances present. The Court, however, need not engage in this complicated exercise because there is a simpler and more straight forward way to resolve the overarching constitutional question: The "good-faith" exception to the warrant requirement.
Note: This is not the first time I've seen a court just throw up its hands to a motion to suppress as too complicated to resolve. Instead, the court just turns to the good faith exception and says that the warrant is fine. There is a moral here: Defense counsel should focus the motion to suppress better and even cut out a lot of cases. If you have six issues of why the warrant fails, make it appear obvious and argue that the total failure of the warrant completely undermines the probable cause. Alternatively, pick one or two and go with that. (Take heed from Jones v. Barnes, 463 U.S. 745, 751-52 (1983): "Experienced advocates since time beyond memory have emphasized the importance of winnowing out weaker arguments on appeal and focusing on one central issue if possible, or at most on a few key issues.")
I confess that I've read plenty of affidavits where the GFE was looming, and the PC under Gates was close enough that I knew the court was never going to suppress.
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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)