The Atlantic: The NSA Admits It Analyzes More People's Data Than Previously Revealed by hilip Bump:
As an aside during testimony on Capitol Hill today, a National Security Agency representative rather casually indicated that the government looks at data from a universe of far, far more people than previously indicated.
NYT: Surveillance Court Renews Order for Phone Call Data by Scott Shane:
Defendant who refused and resisted opening mouth for a mandated DNA swab was properly convicted of forcibly interfering with a search. State v. Gonzalez, 144 Conn. App. 353, 71 A.3d 681 (2013):
The third-party doctrine makes pharmacy records open to process less than a search warrant. The expectation of privacy, while reasonable, is not absolute. State v. Wiedeman, 286 Neb. 193, 835 N.W.2d 698 (2013) [See Chapter 5 of the Fifth Edition of this Treatise due out in October for a criticism of the third-party doctrine and informational privacy.]:
Defendant’s alleged consent was recorded by "COPS" but later erased by the production company. He’s not entitled to suppression on that ground. The court credits the officer’s testimony on defendant’s consent and finds it voluntary. United States v. Brayfield, 2013 U.S. Dist. LEXIS 99046 (W.D. Mo. June 25, 2013), adopted 2013 U.S. Dist. LEXIS 98179 (W.D. Mo. July 15, 2013):
Federal nighttime search sustained based on a reasonable belief the drugs were being moved “that evening” [although the search was at 1:15 am]. 21 U.S.C. § 879 prevails over Rule 41 on nighttime searches. United States v. Thompson, 2013 U.S. Dist. LEXIS 98895 (E.D. Mich. July 16, 2013):
The defendant medical practice was indicted for alleged fraud. After the indictment, the state got a search warrant for the principals’ Gmail accounts, obtaining 80,000 emails for a four year period. The issuing magistrate was not told defendants were already indicted, which also meant that some of the emails may have been attorney-client privileged. The state argued that new potential offenses were under investigation, and the warrant was not being used to further investigate the original case. First, a search warrant can be used post-indictment. [And isn’t that more protection than a mere subpoena for records?] Second, a search warrant for e-mail of a defendant under indictment requires a taint team to protect attorney-client confidences. Preventive Med. Assocs. v. Commonwealth, 465 Mass. 810, 992 N.E.2d 257 (2013):
Defendant’s hotel room rent expired on the 16th, and the hotel entered on the 17th and removed his stuff. The hotel was not acting as an agent of government in doing so, and he waived his reasonable expectation of privacy by leaving it behind. United States v. Jokhoo, 2013 U.S. Dist. LEXIS 97803 (D. Minn. May 20, 2013).*
Defendant was detained in his house for an hour, and this was reasonable. Officers responded to an “armed disturbance” and found yelling people. United States v. Davis, 2013 U.S. Dist. LEXIS 98326 (D. Neb. July 15, 2013),* R&R 2013 U.S. Dist. LEXIS 98322 (D. Neb. May 24, 2013).
The fact defendant’s attorney could have asked a few more questions on cross-examination at the suppression hearing doesn’t make him ineffective. What was missing certainly wouldn’t have changed the outcome. United States v. Landers, 2013 U.S. Dist. LEXIS 97672 (D. Alaska July 10, 2013).*
Wrong address on search warrant doesn’t void it because there was no “reasonable probability” the wrong place was searched. United States v. King, 2013 U.S. Dist. LEXIS 98047 (E.D. Ky. July 15, 2013)f (R&R 2013 U.S. Dist. LEXIS 101842 (E.D.Ky. May 30, 2013)):
A probate judge is not a judge authorized to issue a search warrant in Ohio, but the good faith exception still applies to a 2012 warrant, even though a 2009 case says that it couldn’t be done. The court notes that no record was made on good faith. So it must apply. State v. Kithcart, 2013 Ohio 3022, 2013 Ohio App. LEXIS 3065 (5th Dist. July 10, 2013).* [Read this case and see if it makes any sense whatsoever. The state carries the burden on good faith and it failed. Obviously, we have here three judges utterly clueless about the Fourth Amendment and the good faith exception. Hopefully counsel will take this up or ask for rehearing and resist the urge to refer to them as "completely Fourth Amendment- impaired."]
Defendant’s stop was based on reasonable suspicion for a weight bench that was moving around as the vehicle was moving (unsecured load). It did not have to fall out of the truck to qualify. State v. Heard, 2013 Ohio 3037, 2013 Ohio App. LEXIS 3089 (2d Dist. July 12, 2013).*
Defendant and his car were linked to marijuana transportation, and the search of the car was valid under the automobile exception. Gant does not apply. Ross v. State, 323 Ga. App. 28, 747 S.E.2d 81 (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)