The Hill.com: Paul offers bill to protect privacy of electronic communications by Ramsey Cox:
Sen. Rand Paul (R-Ky.) introduced a bill Thursday that would extend Fourth Amendment rights to electronic communications.
“In today’s high-tech world, we must ensure that all forms of communication are protected,” Paul said. “Yet government has eroded protecting the Fourth Amendment over the past few decades, especially when applied to electronic communications and third party providers.”
HuffPo: 'Flash-Bang' Searches by Bennett L. Gershman:
It's one thing for the U.S. military to raid a compound in Kabul using incendiary grenades to secure and enter the premises. It's quite another thing for U.S. police officers to execute a search warrant by throwing "flash-bang" grenades into a home, raining the place with rubber bullets, and kicking down every door in the house. Is that conduct necessary? Is it reasonable? Does the Fourth Amendment allow it?
That's exactly what happened when police in Portland, Ore., executed a search warrant for a private home where the defendant resided and who was alleged to have physically attacked his girlfriend, and was reported to possess weapons and drugs. The police were informed that several other persons lived in the house, including an infant, and a prison associate of defendant's. The police decided, although the reasons are not clear, that it would be more risky to arrest the defendant outside the house than inside, so they obtained a search warrant and executed it at 5:30 a.m.
Forty-four police officers participated in the raid. Police pounded on the front door yelling "police, search warrant," and a second later broke down the door with a battering ram. ...
“Our state and federal constitutions declare that homes—whether castles or cabins, mansions or mobile homes—are protected spaces that require a warrant or other lawful basis to justify a governmental intrusion. At issue in this case is whether police officers entering the property of Russell Powell and Benjamin Wilbourn and peering into a window of their mobile home late at night after receiving an anonymous tip an hour earlier that marijuana plants were inside was a search that violated the Fourth Amendment. Because the officers intruded into a constitutionally protected area without a warrant and peered into a window from a part of the property where they had no lawful right to be, an unconstitutional search occurred.” Powell v. State, 2013 Fla. App. LEXIS 8166 (Fla. 1st DCA May 22, 2013):
Plain view of two firearms cases in the backseat is probable cause to believe the defendant is in possession of firearms. State v. Reininger, 2013 N.J. Super. LEXIS 73, 65 A.3d 865 (2013).*
Defendant’s stop was valid based on a hit on license plate recognition software. Hill v. State, 321 Ga. App. 817, 743 S.E.2d 489 (2013).*
The stop here was reasonably extended because the vehicle had Virginia LPN and the driver had an Illinois DL along with the driver’s inconsistencies. Calcaterra v. State, 321 Ga. App. 874, 743 S.E.2d 534 (2013).*
An officer can engage in “small talk” with a motorist while the DL and LPN are checked on computer. Here, defendant’s escalating nervousness extended the stop because he made the officer concerned that he would do something bad. Moore v. State, 321 Ga. App. 813, 743 S.E.2d 486 (2013).*
The claim of inventory fails because of possible standing. The vehicle was impounded because it could not be determined who the owner was, and defendant had three names he was using. United States v. Akinlade, 519 Fed. Appx. 529 (11th Cir. 2013).*
Defendant validly consented to a search of his house. A consent is not involuntary just because the police tell the defendant that they will get a search warrant if he doesn’t consent when they have probable cause. United States v. Aguilar, 519 Fed. Appx. 541 (11th Cir. 2013).*
Defendant consented to a search of his truck [with no more findings of fact]. United States v. Molina, 2013 U.S. Dist. LEXIS 72160 (W.D. Tex. May 22, 2013).*
In this anticipatory search warrant case, the package of drugs was on a “sure course” to defendant’s hands [as used in pre-Grubbs] cases, and the triggering event was specified in the warrant, so the search is valid. United States v. Barnett, 2013 U.S. Dist. LEXIS 72365 (E.D. Mich. May 22, 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)