Politico: Edward Snowden e-mail provider Lavabit faced 'pen register' order by Josh Gerstein:
NYT: N.S.A. Gathers Data on Social Connections of U.S. Citizens by James Risen and Laura Poitras:
The district court did not abuse its discretion in not letting the City of New Orleans on behalf of the New Orleans Police Department out of a consent decree. One of the DOJ employees negotiating the consent decree was admittedly named in the opinion setting aside the convictions of the five NOPD officers involved in a Hurricane Katrina shooting for prosecutorial misconduct. The City can set aside the decree for changed circumstances, but the district court concluded there hadn’t been enough. United States v. City of New Orleans, 731 F.3d 434 (5th Cir. 2013).*
The opinion setting aside the convictions is far more interesting, if you have the time to read it.
Defendant was stopped in his driveway and a drug dog was used. The driveway was not “curtilage” for the purposes of barring using a drug dog on the curtilage. United States v. Beene, 2013 U.S. Dist. LEXIS 139311 (W.D. La. September 24, 2013):
Defendant was stopped on reasonable suspicion he was running counter-surveillance for a drug deal. He was detained apparently solely so the contact list on his phone could be searched. A search of a cell phone cannot be based on reasonable suspicion. It would have been valid as a search incident if he’d been arrested on probable cuase. United States v. Stephens, 2013 U.S. Dist. LEXIS 138513 (W.D. Tenn. September 9, 2013):
Defendant didn’t understand enough English to consent to a search. The government carried the burden of consent and didn’t show it. The fact a non-citizen can operate in society doesn’t prove he understands the legal concept to consent to a search. United States v. Barry, 2013 U.S. Dist. LEXIS 137113 (M.D. La. September 25, 2013):
Defendant had no standing or reasonable expectation of privacy in a stolen vehicle he took in a car jacking, and that includes a bag he carried to the car before the chase. United States v. Goldstein, 2012 U.S. Dist. LEXIS 189234 (D. Nev. October 26, 2012)*; United States v. Goldstein, 2013 U.S. Dist. LEXIS 137568 (D. Nev. September 25, 2013).*
The officer’s statement in support of the search warrant was false but not intentionally so. Even without it, there was probable cause for the search warrant so no suppression. United States v. Jimenez, 2013 U.S. Dist. LEXIS 136227 (D. Kan. September 24, 2013).*
Defendant’s vehicle had to be towed from the scene, and it was searched for inventory, validly finding a gun. United States v. Gibson, 2013 U.S. Dist. LEXIS 136692 (S.D. Ohio September 24, 2013).*
Defendant’s only argument on the search was asking the court to review whether there was PC for the warrant under the four corners of the affidavit. There was. United States v. Petruk, 2013 U.S. Dist. LEXIS 136622 (D. Minn. September 4, 2013).*
Defendant’s wife consented, and her revocation of consent came after firearms were found and seized, and revocation doesn’t stop seizure of that which was found. United States v. Assante, 2013 U.S. Dist. LEXIS 137357 (W.D. Ky. September 25, 2013).*
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Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)
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Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)
Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
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Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)
Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
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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Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (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)