WaPo: How (and how much) the 50 states do drugs, in 5 maps by Aaron Blake:
NYT: A Spur in the Filibuster Fight: A Court’s Workload and Politics by Adam Liptak:
NYT: N.S.A. Report Outlined Goals for More Power by James Risen and Laura Poitras:
Document: A Strategy for Surveillance Powers
HuffPo: Earl Sampson Stopped 258 Times In Four Years -- All Cops Found Was Pot by Simon McCormack:
Ligon v. City of New York, 13-3123-cv, 13-3088-cv (2d Cir. November 22, 2013) (per curiam):
Even assuming defense counsel was deficient in not presenting a search and seizure issue on appeal, defendant fails to show how the outcome would be different or that the appellate court would have reversed. Penney v. United States, 2013 U.S. Dist. LEXIS 165019 (E.D. Tenn. November 20, 2013):
Plaintiff filed this 1983 action against local police for ordering her out of a house after spending two hours trying to figure out whether she was stealing a $10,000 check from the elderly occupant who was dying of Parkinson’s. The interaction with the police was not a seizure and was reasonable. They had reason to believe she was attempting to commit fraud. Hamilton v. Village of Oak Lawn, 735 F.3d 967 (7th Cir. 2013)* (read the opinion and see what else Judge Posner has to say about the plaintiff):
Officers unreasonably assumed that the person answering the door in a knock-and-talk who did not live there had apparent authority to consent to a view of the entire residence. The government bears the burden of proving voluntariness of consent and apparent authority and it failed here. United States v. Arreguin, 735 F.3d 1168 (9th Cir. 2013), prior appeal United States v. Arreguin, 453 Fed. Appx. 678 (9th Cir. 2011):
An apparent hand-to-hand drug deal occurred on a convenience store parking lot. There were possible innocent explanations, but this particular place was notorious to the police. Where the car parked, the length of the meeting, the officer’s vast experience, the bad history of his particular place all factored into the officer’s assessment of reasonable suspicion, and it is credited. Granted, cases elsewhere say that an apparent hand-to-hand deal alone is not enough but the court decides there was considerably more here. State v. Anderson, 2013 Utah App. LEXIS 277 (November 21, 2013).
The search warrant for the entirety of a flea market to get to defendant’s booth where he was selling counterfeit stuff was not overbroad because it couldn’t be compared to a case of searching an entire building with discrete living or working units inside. And, of course, the good faith exception saves it. State v. Baro, 2013-Ohio-5139, 2013 Ohio App. LEXIS 5356 (10th Dist. November 21, 2013).* [Apparently only his booth was searched, so what’s the complaint? An overbroad warrant that was never broadly executed is far less of a viable issue.]
A “citizen informant” set up a drug deal, and the police came in to complete it. Crediting her statements in full, the best that can be said is that it gave reasonable suspicion for a stop. Here, defendant was stopped and searched by the police solely on the citizen informant’s story which had not been fully corroborated. Kelly v. State, 997 N.E.2d 1045 (Ind. 2013).*
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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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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)
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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)