The district court erred in finding the officer’s use of force in striking a man while he was down after the police car ran over his motorcycle while he was fleeing. The parties had differing views of the evidence, and the video didn’t capture it all. A jury will have to decide. Coker v. Ark. State Police, 734 F.3d 838 (8th Cir. 2013).*
FedEx employee was acting as private citizen for search of a package in transit. The police were called and they arrived after the search was ongoing. United States v. Storey, 2013 U.S. Dist. LEXIS 158017 (N.D. Okla. November 5, 2013).*
A search warrant need only be left as the officers depart the premises. Pre-search showing of the warrant is not required. State v. Ollivier, 178 Wn.2d 813, 312 P.3d 1 (2013).
OH12 applies Davis good faith to placement of a GPS device pre-Jones. State v. Johnson, 2013-Ohio-4865, 2013 Ohio App. LEXIS 5051 (12th Dist. November 4, 2013).
The search warrant was not unconstitutionally overbroad so as to require suppression. The overbroad parts here were severable. State v. Higgs, 177 Wn. App. 414, 311 P.3d 1266 (2013):
Reasonable suspicion as to a passenger can support a stop. Brendlin n. 3. United States v. Burton, 2013 U.S. Dist. LEXIS 157676 (M.D. Fla. November 4, 2013).
Defendant consented on the totality to a search of his person for drugs. That included seizure of a crack pipe [what about plain feel?]. State v. Boling, 2013-Ohio-4813, 2013 Ohio App. LEXIS 5019 (2d Dist. November 1, 2013).*
Defendant could be ordered out of his semi for officer safety. The officer had a CI about defendant driving a semi under the influence which he corroborated by observation. The stop was reasonable State v. Durham, 2013-Ohio-4764, 999 N.E.2d 1233 (12th Dist. 2013).*
An Ohio “statute, by negative implication, prohibits an officer from arresting and detaining without a warrant any person outside the officer's territorial jurisdiction.” A violation of that statute is not subject to an exclusionary rule; that’s for constitutional violations unless statute otherwise provides. State v. Wilson, 2013-Ohio-4799, 2013 Ohio App. LEXIS 5006 (10th Dist. October 31, 2013).
Being in a car on the edge of a large parking lot slumped down is not reasonable suspicion of a crime, and the detention thereafter was unreasonable. State v. Fox, 2013-Ohio-4786, 2013 Ohio App. LEXIS 4986 (5th Dist. October 30, 2013).*
Marijuana seen in plain view in a car supported a search of the whole car for more drugs. State v. Thompson, 2013-Ohio-4825, 2013 Ohio App. LEXIS 5029 (2d Dist. November 1, 2013).*
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Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
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Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
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Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
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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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"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)