Officers had a GPS on defendant’s car, and they were tailing him. His lane change violation led to a stop. The illegal GPS [not even discussing good faith] was attenuated by the traffic stop and a dog alert. United States v. Richard, 528 Fed. Appx. 323 (4th Cir. 2013)* [A long way to go when good faith would have been easier.]
The jury was instructed on the objective use of force to stop plaintiff from entering a house. The motion in limine on the officer’s subjective state of mind was erroneously granted, but harmless error because of the objective standard. Cavanaugh v. Woods Cross City, 718 F.3d 1244 (10th Cir. 2013).*
Officers did not stop defendant: he was broken down in the middle of the street when they came upon him and found him under the influence. United States v. Tate, 2013 U.S. Dist. LEXIS 82682 (E.D. N.C. June 5, 2013).*
Defendant stole a woman’s purse at gunpoint. In her purse was a smart cell phone with GPS. Tracking the GPS to locate the defendant violated no right of his. People v. Barnes, 216 Cal. App. 4th 1508, 157 Cal. Rptr. 3d 853 (1st Dist. 2013).* [Law.com article here from 6/27] This opinion is six times longer than it needed to be because the Jones tracking argument was completely irrelevant:
“[W]e conclude that there existed such a nexus, which was created by law enforcement officers' personal observation of the Defendant exiting and freely reentering the residence before and after the drug sale.” State v. Boone, 2013 Tenn. Crim. App. LEXIS 489 (June 10, 2013)* (concurrence).
Defendant denied ownership or a privacy interest in 40 boxes in a truck that were found to contain marijuana. He was held to have no standing as a mere bailee of the boxes, and the issue wasn’t appealed. “Defendant has not shown how [defense counsel] could have argued the issue differently, or that if he had done so, the result would have been different. Likewise, defendant has not shown that [defense counsel’s] performance was deficient for failing to raise the issue on appeal or that if she had done so, the result of the proceeding would have been different.” United States v. Robles, 2013 U.S. Dist. LEXIS 81736 (D. Kan. June 11, 2013).*
Defendant was a suspect in a home invasion and he fled to his apartment. Police had probable cause to arrest, and the entry in hot pursuit was valid. Ahmed v. State, 322 Ga. App. 154, 744 S.E.2d 345 (2013).*
A Connecticut state judge issued a search warrant for a Gmail account in Mountain View, California. It was briefed by the parties, but remains undecided. Even if it was error, it was harmless beyond a reasonable doubt. State v. Esarey, 308 Conn. 819, 67 A.3d 1001 (2013). See note 17:
We stay our hand with respect to determining whether a judge of the Superior Court has the authority to issue a search warrant for electronic information that is stored on an out-of-state server when the underlying investigation relates to crimes committed in this state. We note, however, that our prior jurisprudence does not suggest a rigid approach to our state courts' jurisdiction under § 51-1a (b), allowing us to act extraterritorially when a crime at issue has an "overwhelming factual nexus" to Connecticut and its "public welfare." ... [If Google does business in Connecticut, and it does, why can’t a search warrant be issued for evidence to a Connecticut crime? It might violate state law, but a territorial limitation on state law has no Fourth Amendment consequence.]
Defendant could not be stopped because he didn’t use a signal to go straight. Stop suppressed. State v. Paseka, 2013 Ohio 2363, 2013 Ohio App. LEXIS 2311 (6th Dist. June 7, 2013).*
Defendant was attempted to be stopped for riding a bicycle without a light at night. Instead of stopping, he pedaled faster. That netted him an obstruction charge. The obstruction charge supported a search incident. State v. Willis, 2013 Ohio 2391, 2013 Ohio App. LEXIS 2346 (12th Dist. June 10, 2013).*
“[T]he mere presence of women during the [prison] lockdown strip search on October 5, 2009 rendered the searches unconstitutional.” Small v. Wetzel, 528 Fed. Appx. 202 (3d Cir. 2013).*
Defendant’s furtive movement as car was stopped justified a search under the driver’s seat. United States v. Law, 2013 U.S. Dist. LEXIS 80691 (E.D. Cal. June 5, 2013).*
The trial court erred in granting a motion to suppress a search of the trunk of defendant’s car. When the officer smelled marijuana, he could search the passenger compartment. When he found it, he could search the trunk. State v. Jones, 2013 Ohio 2375, 2013 Ohio App. LEXIS 2326 (9th Dist. June 10, 2013).*
Consent here included the whole vehicle: “Sgt. Carson again clarified the scope of Capps's consent by asking ‘[s]o you're giving me consent to search your vehicle’? Capps repeated the same response, ‘go ahead and look.’ Accordingly, the district court did not err in concluding that an objectively reasonable person would have understood Capps to have consented to a search of the entire vehicle.” United States v. Capps, 716 F.3d 494 (8th Cir. 2013).
Defendant lured a girl off the street claiming her mother told him to pick her up. He took her to his house and showed her pornography and pulled his pants down, showing his underwear. She started crying, and he took her home. There was a computer with a camera on it in the room. That was probable cause to search his place for child pornography. Checo v. State, 402 S.W.3d 440 (Tex. App. – Houston (14th Dist.) 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)