Archives for: October 2013, 14

10/14/13

Permalink 11:12:15 am, by fourth, 45 words, 498 views   English (US)
Categories: General

NY Post: Cops ‘lied’ to reach arrest quotas

NY Post: Cops ‘lied’ to reach arrest quotas by Tara Palmeri and Kirstan Conley:

A former city prosecutor wants the Bronx district attorney to probe a team of narcotics cops he says lied on the stand and helped put away innocent people to meet quotas.

Permalink 11:09:41 am, by fourth, 126 words, 679 views   English (US)
Categories: General

NYT: Privacy Fears Grow as Cities Increase Surveillance

Permalink 07:58:13 am, by fourth, 131 words, 345 views   English (US)
Categories: General

CA6: SOL for search 1983 cases run from date of search

The statute of limitations for a 1983 case from an illegal search claim runs from the time of the search, not the date some court holds it was illegal. Wallace v. Kato on false arrest distinguished. Hornback v. Lexington-Fayette Urban County, 543 Fed. Appx. 499 (6th Cir. 2013).

After a domestic dispute with his mother for trashing her house, defendant left on foot. The police had been called and encountered defendant and talked to him. He agreed to go back to the house to get a friend’s phone number off his mother’s phone. He stayed in the police car while the officer went to retrieve it. Inside, he found drugs and drug paraphernalia. The search was reasonable and the entry was by consent of the mother. State v. Wynne, 258 Ore. App. 787, 311 P.3d 978 (2013).*

Permalink 07:43:15 am, by fourth, 236 words, 321 views   English (US)
Categories: General

AL: The exclusionary rule does not apply to a teacher discharge case

The exclusionary rule does not apply to a teacher discharge case. The teacher was a band teacher with 39 years on the job, and he left a gun in a locked classroom because he was leaving with students. He had had a concealed carry permit since he was 21 years old. A custodian found the gun and was told to bring it to the office. The rules were clear that a gun on campus could lead to termination. Even if there was a Fourth Amendment argument, the exclusionary rule did not apply. His Second Amendment argument is also rejected. Lambert v. Escambia County Bd. of Educ., 2013 Ala. Civ. App. LEXIS 229 (October 11, 2013).

GPS was install pre-Jones on defendant’s car in Arizona and it was tracked to Minnesota where defendant was arrested and indicted. The Davis good faith exception applies because the Ninth Circuit permitted it at the time it was installed. United States v. Maldonado, 2013 U.S. App. LEXIS 20690 (8th Cir. October 11, 2013).

Defendant sold crack on the street but went into his place to get it. That gave probable cause to believe he had it inside the house. When he was arrested outside and the door was left open, officers could do a protective sweep to be sure no others inside seeing the arrest could destroy drugs until they got a search warrant. Crack was lawfully seen in plain view. State v. Lewis, 126 So. 3d 652 (La.App. 4 Cir. 2013).

Permalink 07:22:33 am, by fourth, 114 words, 208 views   English (US)
Categories: General

D.Neb.: Arrest warrant allows entry to arrest, but there must be reason to believe defendant home

An arrest warrant carries with it the implicit authority to enter to arrest. The police have to have probable cause to believe defendant was home to make the entry, however, and here they had it. United States v. Jefferson, 2013 U.S. Dist. LEXIS 146102 (D. Neb. September 16, 2013).

Defense counsel wasn’t deficient during the suppression hearing for not calling defendant based on the strength of the government’s case. Lucas v. United States, 2013 U.S. Dist. LEXIS 147426 (W.D. N.C. October 10, 2013).*

Defendant’s jail calls were recorded, and they are not a fruit of his allegedly unlawful arrest, even if it was. United States v. Houston, 2013 U.S. Dist. LEXIS 147454 (E.D. Tenn. September 4, 2013).*

Permalink 06:46:48 am, by fourth, 339 words, 572 views   English (US)
Categories: General

D.Md.: McNeely retroactive to cases not final; no GFE

Defendant was stopped on the B-W Parkway in Maryland for suspicion of DWI and was taken to the hospital for an involuntary blood draw. McNeely was decided after it happened, and it is found retroactive to pending cases. This case is controlled by McNeely. Because no court applied Davis good faith to McNeely’s case, this court wouldn’t here. Motion to suppress the blood test is granted. United States v. Brown, 2013 U.S. Dist. LEXIS 147352 (D. Md. October 11, 2013):

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by John Wesley Hall
Criminal Defense Lawyer and
  Fourth Amendment consultant
Little Rock, Arkansas
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www.johnwesleyhall.com

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Most recent SCOTUS cases:
2009 to date:

2013-14 Term:
  Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog)
  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
  Stanton v. Sims, 134 S.Ct. 3, 187 L. Ed. 2d 341 (Nov. 4, 2013) (per curiam)
  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)

2010-11 Term:
  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)
  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)

2009-10 Term:

  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)

2008-09 Term:
  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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  FBI Domestic Investigations and Operations Guide (2008) (pdf)
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  Congressional Research Service:
    Electronic Communications Privacy Act (2012)
    Overview of the Electronic Communications Privacy Act (2012)
    Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)

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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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