The Hill: NSA tracks phone locations under executive order by Brendan Sasso:
The NSA argues the collection does not violate the Foreign Intelligence Surveillance Act.
Politico: Obama plans new limits on NSA by JOosh Gerstein:
On "Hardball," the president promises to propose new "self-restraint" for the spy agency.
Defendant was IDed by a CI as a drug dealer, so the police surveilled him and noticed his movements at and from his house were consistent with being a drug dealer, and then a trash pull pretty much confirmed it. Probable cause was evident in the affidavit for search warrant. A Franks hearing wasn’t required. “In this case, even excluding all controverted statements from the Affidavit and including the omissions that Marion alleges, the Affidavit would support the Issuing Magistrate's finding of probable cause.” United States v. Marion, 2013 U.S. App. LEXIS 24131 (4th Cir. December 4, 2013).*
The CI was identified with established reliability, and his information, further corroborated provided reasonable suspicion for stopping defendant. United States v. Dockery, 2013 U.S. App. LEXIS 24306 (4th Cir. December 6, 2013).*
The parties dispute whether the defendant’s vehicle was parked on the curtilage or not such that it could be searched under a warrant for the house. That doesn’t matter because it could be searched under plain view leading to the automobile exception because the evidence the police seized could be seen in it. State v. Hunt, 2013-Ohio-5326, 2013 Ohio App. LEXIS 5551 (10th Dist. December 5, 2013).*
"Lying to Congress is a federal offense, and Clapper ought to be fired," says Sensenbrenner.
WaPo: FBI’s search for ‘Mo,’ suspect in bomb threats, highlights use of malware for surveillance by Craig Timberg and Ellen Nakashima:
The Crime Report: Experts: American Cops Watching the Stop and Frisk Case in NY:
Washington Times: Sen. Rand Paul: Supreme Court needs to re-examine Fourth Amendment by David Sherfinski:
Information in addition to the affidavit was supposedly given to the magistrate, but it’s not in the record, so we don’t know what it is. The showing of probable cause was so lacking that the search warrant should not have issued. Accordingly, the good faith exception doesn’t apply. State v. Johndro, 2013 ME 106, 2013 Me. LEXIS 106 (December 5, 2013):
Defendant ran a licensed child care facility, and the license provide for consent to records searches. Agents of the state showed up to search her records. A briefcase was also seized without a warrant. She had no standing as to the briefcase. United States v. Crumpton, 2013 U.S. Dist. LEXIS 170756 (S.D. Ind. December 4, 2013).* [Note: Regulatory search authority not mentioned, and it would not have supported the search of the briefcase anyway.]
“The court finds that the evolution of the instant traffic stop into a drug investigation was supported by Officer Baker's reasonable suspicion at every step.” United States v. Showell, 2013 U.S. Dist. LEXIS 171280 (M.D. Pa. December 5, 2013).*
Defense counsel was not ineffective for not arguing “forced abandonment” since defendant was not illegally seized at the time he abandoned the drugs. United States v. Ware, 2013 U.S. Dist. LEXIS 170536 (E.D. Pa. December 2, 2013).*
Defendant satisfies the performance prong of Strickland because it was determined his motion to suppress was waived by defense counsel’s failure to file it. Because the merits issue for prejudice was based on consent, there had to be at least an offer of proof as to how he might have won the motion to suppress, and here there was nothing for the court to evaluate to even grant a hearing. State v. Michailides, 2013-Ohio-5316, 2013 Ohio App. LEXIS 5538 (8th Dist. December 5, 2013):
Nexus of probable cause for the place to be searched may be inferred from the facts. Here, possession of pseudoephedrine made it reasonable to infer that the defendant was operating a small methamphetamine in his house. United States v. Masters, 2013 U.S. Dist. LEXIS 170853 (W.D. Tenn. December 4, 2013), R&R 2013 U.S. Dist. LEXIS 171673 (W.D. Tenn. September 23, 2013).
The information from the CI was corroborated enough to make it believable, and corroboration made PC. United States v. Hall, 2013 U.S. Dist. LEXIS 170844 (E.D. Tenn. November 22, 2013),* R&R 2013 U.S. Dist. LEXIS 171669 (E.D. Tenn. September 25, 2013).*
Defendant’s stop was based on a traffic offense, but, by collective knowledge, the officer knew at least by reasonable suspicion that defendant likely had a significant quantity of marijuana on him. United States v. Bruce, 2013 U.S. Dist. LEXIS 170948 (D. Ariz. September 25, 2013),* R&R 2013 U.S. Dist. LEXIS 170947 (D. Ariz. December 4, 2013).*
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Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)
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Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)
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)
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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)
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)
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)
Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (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)