apublicdefender.com: The guilt by association exception to the Fourth Amendment:
Defendant was stopped at night, and he made a furtive movement below his seat. He was nervous when talked to. The officer got him out and frisked him finding nothing. The officer then searched the area defendant was sitting in, and a gun was found. Furtive movements alone are not reasonable suspicion. Add nervousness, and it is. The trial court’s order suppressing the gun was reversed. Commonwealth v. Buchert, 2013 PA Super 81, 68 A.3d 911 (2013).
Officers properly conducted a protective sweep when responding to a shooting call. A later search warrant for the premises was not based on stale information about the gun just because a picture had been seen with defendant holding the gun from two years earlier. “Again, appellant's argument is patently meritless. The July 18, 2008 affidavit was more than sufficient for a search warrant to issue regardless of the allegation concerning the October 2006 photograph. Police did not recover the murder weapon and they had new information that it may be stashed under the floor boards in the attic. The trial court did not err in denying appellant's motion to suppress physical evidence.” Commonwealth v. Harrell, 2013 PA Super 82, 2013 Pa. Super. LEXIS 222 (April 12, 2013).*
“Frost’s statement to the police that they ‘could search his house all [they] want[ed]’ indicated unqualified and unequivocal consent that was not undermined by his refusal to sign a written consent form.” United States v. Frost, 521 Fed. Appx. 484 (6th Cir. 2013).*
The search of plaintiff’s home was arguably overbroad in his allegation that stuff was taken, but plaintiff can pinpoint (1) nothing that was seized from the house (2) by any person to impose liability. Alford v. Vernier, 524 Fed. Appx. 157 (6th Cir. 2013).*
Police came to a church because of a noise complaint, and they entered and took information. During the course of the litigation, the individual plaintiffs dropped out. The church has no remaining Fourth Amendment standing. “Faith Baptist Church does not assert that any violations of its Fourth Amendment rights occurred. All plaintiffs entitled to assert the Fourth Amendment rights at issue, and all of their claims, were dismissed without prejudice pursuant to the Stipulation and Order entered by the district court on March 25, 2009.” Faith Baptist Church v. Waterford Twp., 522 Fed. Appx. 322 (6th Cir. 2013).*
An oil and gas investment business went under, and the SEC moved in and got a receiver appointed. The receiver turned over evidence to the FBI. A similar case is United States v. Setser, 568 F.3d 482 (5th Cir. 2009), which favors the government. A TRO for the receiver is not a search warrant. United States v. Coughlin, 2013 U.S. Dist. LEXIS 52576 (E.D. Tex. February 4, 2013).
Admission of historical cell site location data was harmless error here, even if unconstitutional, because defendant’s co-defendant in the bank robbery testified they did it together and because of the eyewitnesses who put him there. United States v. Johnson, 2013 U.S. App. LEXIS 7406 (11th Cir. April 12, 2013).*
Defense counsel had no duty to file a meritless motion to suppress, so he couldn’t be ineffective for not filing it. State v. Khouanmany, 832 N.W.2d 385 (Iowa App. 2013).*
There was no justification for a warrantless entry into defendant’s house after a knock-and-talk. While the officers were found credible on the question of whether a document entitled “consent to search” was signed, they omitted the critical facts of alleged exigency from their reports, and that was important. They needed a warrant and elected to proceed without one. United States v. Whisenton, 2013 U.S. Dist. LEXIS 52667 (E.D. Mo. March 8, 2013)*:
Going to the back door to do a knock-and-talk was reasonable where it appeared that the front gate had not been opened in a long time, and the normal route of going in and out was the back door. United States v. Shuck, 713 F.3d 563 (10th Cir. 2013).
While the warrant was issued without probable cause, the USMJ recommended the good faith exception sustain the warrant. On de novo review, the court finds that only the good faith exception issue need be addressed, and it agrees that the officers were objectively reasonable in relying on it. United States v. Davis, 2013 U.S. Dist. LEXIS 52635 (E.D. N.C. April 12, 2013).*
“[A]ppellant failed to include in the appellate record a transcript of the hearing on the motion to suppress.” Based on what little the court has, the motion to suppress is affirmed. State v. Grasty, 2013 Tenn. Crim. App. LEXIS 320 (April 10, 2013).*
A general inventory policy that the contents of vehicles be inventoried but that does not specify that closed containers be inventoried does not permit specifically opening the closed containers. One officer testified to “inventorying thousands of vehicles” and always interpreting it that way. State v. Hullum, 2013 Ohio 1448, 2013 Ohio App. LEXIS 1360 (8th Dist. April 11, 2013):
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"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
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—Mapp v. Ohio, 367 U.S. 643, 659 (1961).
Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.
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— Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
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—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
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—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
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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)
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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
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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)
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"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)