NYLJ: Plaintiffs Say Stop-and-Frisk Panel Should Be Replaced by Mark Hamblett:
Montana has a constitutional right to privacy and right to know. The Montana Supreme Court concludes that lower level employees disciplined for viewing pornography on city time on city computers had a reasonable expectation of privacy not to be publicly disclosed, and disclosure of their identities was not in the public interest. The Fourth Amendment reasonable expectation of privacy analogy was not apt because of the state privacy protection. Billings Gazette v. City of Billings, 2013 MT 334, 372 Mont. 409, 313 P.3d 129 (2013)*:
Defendant was seen retrieving drugs from his car in a high crime area at night. When he was arrested, that justified a search incident of the car for more because it was reasonable to believe more would be found there. Suppression order reversed. People v. Crum, 2013 CO 66, 312 P.3d 186 (2013). [Note: This is the same as finding nexus to drugs in a house because the accused left the house to go to a drug deal.]
Since the CI’s recordings of his dealings with the defendant are admissible in federal court, they could form the basis of a search warrant application. United States v. Garecht, 2013 U.S. Dist. LEXIS 159708 (C.D. Ill. October 11, 2013).*
Defendant clearly waived his motion to suppress in his guilty plea, with defense counsel directly asking about it. United States v. Forehand, 2013 U.S. Dist. LEXIS 161063 (N.D. Fla. October 7, 2013).*
Reasonable suspicion for continuing a stop. United States v. Juarez-Moreno, 2013 U.S. Dist. LEXIS 160650 (D. Utah October 16, 2013)*:
1. Recent Vehicle Registration. ...
2. Third-PartyVehicle Registration. ...
3. Lack of Knowledge of Vehicle Owner. ...
4. Vague, Inconsistent, or Evasive Answers. ...
5. Deceptive answers. ...
6. Other Indicators. Trooper Wood noted a single key in the ignition, rather than on a key ring with other keys, suggesting the vehicle may have been purchased or used for illegal activity. ... Trooper Wood also took note of luggage on the rear seat of the car—rather than in the trunk as is generally the case for the motoring public—a circumstance he has observed in other pipeline stops. ... Trooper Wood has observed these same indicators during other pipeline stops. ... And, while of limited significance, such indicators nevertheless support a finding of reasonable suspicion to briefly detain the defendant for further investigation.
Reasonable suspicion near the border for an immigration stop: United States v. Russell, 2013 U.S. Dist. LEXIS 158945 (D. Ariz. September 17, 2013)*, adopted 2013 U.S. Dist. LEXIS 158946 (D. Ariz. Nov. 5, 2013)*:
The factors relied upon by Agent Cordova in this case were as follows: sensor activity showed vehicle traffic in an area commonly used by alien and drug traffickers to circumvent the border patrol check point; the area where the senor was located was a desolate area, accessible only by a dirt road; the car was relatively clean indicating that it had recently been on a paved highway; Defendant's car was the only one seen coming out of the area; the car was registered to a woman in Phoenix and was not a car that was familiar to the agent as belonging to one of the locals; and the car was riding low as if it was carrying a heavy load.
Defendant’s car was stopped because it was speeding in a high crime area at night, and, when the police car was seen, it jerked back into its lane. When the car was stopped, defendant fled from the car. That was all reasonable suspicion. United States v. Edmonds, 2013 U.S. Dist. LEXIS 160773 (W.D. Pa. November 12, 2013).*
Whether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.
NYT Editorial: When the Police Enter a Home:
But what if the police lawfully arrest the objecting tenant and remove him from the home, may they enter then? That is the question the Supreme Court is considering on Wednesday in Fernandez v. California.
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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)