theHill.com: Goodlatte questions whether Justice lied on Fox News warrant by Jordy Yager:
Rep. Bob Goodlatte (R-Va.) on Friday questioned whether the Justice Department lied on its warrant to secretly obtain a Fox News reporter’s email and phone records.
Goodlatte, the chairman of the House Judiciary Chairman, is investigating whether Attorney General Eric Holder perjured himself in testimony to Congress about the DOJ’s investigation of a leak of classified information to Fox reporter James Rosen.
It's really obvious that Rep. Goodlatte has no clue how the search warrant process works, how probable cause is calculated, and what is a "lie" and what is an inference based on facts known to that time.
Bloomberg News: New York Cabbie Says GPS Tracking Used to Punish Drivers (1) by Patricia Hurtado:
New York City’s taxi commission was accused in a lawsuit of violating the constitutional rights of cabbies by using the global positioning system to track their movements.
The NYC Taxi and Limousine Commission uses GPS devices to gather information on cabbies in violation of their Fourth Amendment right against unlawful searches and to prosecute drivers for violations that can result in loss of cab licenses and the imposition of large fines, according to a complaint filed today in federal court in Manhattan. The case was brought against the commission’s chairman, David Yassky, by driver Hassan El-Nahal, who seeks to represent other cabbies in a class action, or group lawsuit.
For those who may not remember, GPS in NYC Taxis was upheld in 2007.
Defendant failed to object at the time to the scope of the consent search of his car going under the hood. The general consent was enough to go under the hood. United States v. Fletcher, 2013 U.S. Dist. LEXIS 76057 (D. Minn. May 29, 2013),* R&R 2013 U.S. Dist. LEXIS 76178 (D. Minn. May 3, 2013).*
COA on a 2255 IAC claim from a failed suppression hearing is denied. The defendant didn’t show anything that added up to IAC: defendant was validly stopped and previously conceded it, the radio log wouldn’t show no consent, and failure to call alleged witnesses to the traffic stop wouldn’t prove anything from a failure of an offer of proof. United States v. Polly, 525 Fed. Appx. 862 (10th Cir. 2013).*
Based on the undisputed testimony of the lone police witness at the suppression hearing, the trial court erred in granting the motion to suppress defendant’s stop for DUI. State v. Wagster, 2013 Tenn. Crim. App. LEXIS 441 (April 30, 2013).*
Officers responded to a 911 hang up call, and they succeeded in entering. “Here, the officers saw nothing at the residence that signaled danger.” “The smell of marijuana meant that someone was smoking pot, not that someone needed to be rescued.” The emergency justification failed, and the government carried the burden. United States v. Shook, 2013 U.S. Dist. LEXIS 76111 (D. Ida. May 29, 2013):
When the police raid your house and handcuff you, a statement made when handcuffed and police in the house is inherently coercive. There was third party consent to his files in his company’s server. United States v. Williams, 2013 U.S. Dist. LEXIS 74547 (D.Minn. May 28, 2013), R&R 2013 U.S. Dist. LEXIS 75938 (D. Minn. March 27, 2013):
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Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
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Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
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Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
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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)