NYT: N.S.A. Able to Foil Basic Safeguards of Privacy on Web by Nicole Perlroth, Jeff Larson, and Scott Shane:
Law.com: In Privacy Cases, Google Defends Email Snooping by Julia Love in The Recorder:
The smell of marijuana wafting from a group of juveniles wasn’t enough to justify a stop and frisk of this juvenile. There was nothing pointing to him. Guilt by association is not reasonable suspicion (my phrase, not the court’s). D.H. v. State, 121 So. 3d 76 (Fla. 3d DCA 2013).
GSR on the hands is easily destroyed, and taking it is justified by exigent circumstances (collecting cases). Jones v. State, 213 Md. App. 483, 74 A.3d 802 (2013).
Defendant’s parole search was valid based on “reliable information” that he was using drugs. United States v. Mabry, 728 F.3d 1163 (10th Cir. 2013).*
Officers had a reasonable belief that one Smith was at a particular address, and police had an arrest warrant for him. They entered on that arrest warrant on a pretext because they were looking for defendant for bank robbery, and he was hiding under the bed (as a guest). The pretext does not invalidate the entry because it was objectively reasonable for Smith. United States v. Hamilton, 2013 U.S. Dist. LEXIS 126027 (D. Mass. September 4, 2013).*
The trial court credited the officer’s testimony that the defendant crossed the centerline three times before pulling him over, and that’s reasonable suspicion. State v. Gadke, 2013 Tenn. Crim. App. LEXIS 743 (August 26, 2013).*
Defendant was a suspect in identity theft using a credit card from a stolen backpack, and she was on video taking it. A search warrant was issued for her house, and the police did not seek the distinctive shirt she was wearing in the warrant. The shirt was found during the search, and the plain view doctrine justified its seizure. They were lawfully in her house on the warrant when they saw it. People v. Jauch, 2013 Colo. App. LEXIS 1375 (August 29, 2013).
Defendant’s release condition that he not have access to sexually explicit material includes a provision that LEOs can be enlisted in the search, but it is not construed to mean that LEOs can do it without a PO instigating it. Johnston v. State, 2013 Alas. App. LEXIS 90 (September 4, 2013).*
Defendant is not entitled to a Franks hearing on how child pornography sniffing software worked because it wouldn’t change the outcome. The government submitted declarations that the officers knew what they were doing when using it. [Essentially, the request for a Franks hearing here is a fishing expedition without the “substantial preliminary showing” the case requires.] United States v. Norris, 2013 U.S. Dist. LEXIS 125640 (E.D. Cal. August 30, 2013).*
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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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"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)