Archives for: June 2013, 07

06/07/13

Permalink 05:34:19 pm, by fourth, 153 words, 512 views   English (US)
Categories: General

W.D.Tenn.: Sagging pants and squatting was furtive movement

Defendant’s car was stopped because of excessive tinting, and he was gotten out of the car. He had on sagging pants, and he kept squatting when talking to the officers and they were sure he was hiding something, so they had him stand up and a gun slid out a pantleg. This was all reasonable. United States v. Castle, 2013 U.S. Dist. LEXIS 78412 (W.D. Tenn. May 17, 2013).*

Defendant’s van was already stopped on a parking lot known for drug dealing, and the police approached. One of the passengers ran off, and that heightened to reasonable suspicion what was going on in the vehicle. State v. Griffin, 2013 Ohio 2230, 2013 Ohio App. LEXIS 2155 (2d Dist. May 31, 2013).*

Defendant’s stop was not overlong or unreasonable. State v. Bartone, 2013 Ohio 2228, 2013 Ohio App. LEXIS 2154 (2d Dist. May 31, 2013).*

Defendant’s guilty plea waived his suppression motion. United States v. Cooper, 2013 CCA LEXIS 473 (N.M.C.C.A. May 30, 2013).*

Permalink 04:39:24 pm, by fourth, 157 words, 281 views   English (US)
Categories: General

LA4: Fist bump (“dap”) or hand-to-transaction?

The trial court did not err in concluding that a “dap” (first bump) was potentially really a hand-to-hand transaction for reasonable suspicion purposes for a stop. State v. Ulmer, 114 So. 3d 1274 (La. App. 4 Cir. 2013).

It was reasonable to remove defendant’s hands from his pockets. “Although both officers stated that they never actually observed a weapon or a bulge other than the Defendant's hands, Detective Martin testified that he suspected the Defendant was armed because of the manner in which his hands were tucked into his pockets and because of his continued refusal to remove his hands.” State v. Chaplain, 2013 La. App. LEXIS 1073 (La. App. 4 Cir. May 29, 2013).*

Furtive movements toward purse justified frisk. State v. Smith, 2013 Ohio 2208, 2013 Ohio App. LEXIS 2136 (1st Dist. May 31, 2013).*

Defendant claimed that his motel room was searched without a warrant, but there was a warrant, and it wasn’t challenged. United States v. Balde, 2013 U.S. Dist. LEXIS 78336 (E.D. N.C. June 4, 2013).*

Permalink 07:28:07 am, by fourth, 342 words, 569 views   English (US)
Categories: General

WaPo: Documents: U.S. mining data from 9 leading Internet firms; companies deny knowledge; PRISM

WaPo: Documents: U.S. mining data from 9 leading Internet firms; companies deny knowledge By Barton Gellman and Laura Poitras:

=> Read more!

Permalink 07:24:37 am, by fourth, 263 words, 410 views   English (US)
Categories: General

Who’s Your Cop? "the warrior cop phenomenon"

Who’s Your Cop?

One of the common threads about the rise of the warrior cop phenomenon is the frustration with a very serious erosion of Fourth Amendment and Fifth Amendment rights. It has always been a paramount part of our society that our police officers wear distinct uniforms, in large part so that you recognize them as officers of the state. When you see out of uniform officers on television at crime scenes, the officers always wear jackets with their id clearly marked in large letters, whether that designation is FBI, ATF or even just POLICE. It is a fundamental principle of our liberty that your words cannot be used against you if you are interrogated without knowing that jeopardy has attached, although the Maryland v. King decision has raised doubts even about that.

During the aftermath of the bombings on April 15, one of the striking things about the thugs stalking through the streets of Watertown is that they were unmarked, and it was virtually impossible to tell who those folks were. But of even greater concern is a phenomenon reported in some of the books coming out this summer about warrior cops–the notion that cops are never off duty, and that no miranda warnings are ever given when the issue is “public safety.” There are a growing number of cases of people who have been convicted of crimes for making statements to cops, who seemed to just be neighbors at a little league game, or people arrested after inviting a neighbor in for dinner–who happened to be a cop. ...

FourthAmendment.com

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by John Wesley Hall
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Little Rock, Arkansas
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  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
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  Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog)
  Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term:
  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)
  Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
  Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
  Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog)
  Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term:
  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)
  United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
  Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

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  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)

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  Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
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  Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
  Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
  Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
  Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
  Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (ScotusBlog)


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"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me

"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 property."
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 Amendment."
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."
Malcolm Forbes

"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)


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