The Atlantic: E.L. Doctorow Wishes There Had Been More Outrage About the NSA by Emma Green:
Defendant was stopped in an apartment complex, and he was going to be arrested. The passenger had no DL. Since neither lived in the complex, the decision was made to impound the vehicle. The air cleaner box in the engine compartment can be searched under inventory. “The officers testified that they have found firearms in other air cleaner boxes. The air cleaner box on the subject vehicle was large enough to contain a pistol and holster.” United States v. Torres, 2013 U.S. Dist. LEXIS 172312 (D. Nev. July 10, 2013), adopted 2013 U.S. Dist. LEXIS 172308 (D. Nev. December 6, 2013).
Defendant was questioned at a campsite in Tennessee about allegedly having public sex with an underage girl he was camping with. While the encounter was two hours long, defendant was cooperative, and the investigation moved along. It was not a “stop” under Terry, and defendant admitted he was cooperative and didn’t feel under arrest. United States v. Partin, 2013 U.S. Dist. LEXIS 172236 (M.D. Ala. September 4, 2013).*
There was an arguably invalid search of defendant’s motel room, but a search warrant was issued. Even without the information from the invalid search there was probable cause for the warrant, and the motion to suppress is denied. United States v. Hill, 2013 U.S. Dist. LEXIS 172752 (N.D. Ga. August 26, 2013),* adopted United States v. Hill, 2013 U.S. Dist. LEXIS 172059 (N.D. Ga. December 6, 2013).*
In this child pornography case, the search warrant had a 90 day processing clause to search the contents of the computer. On the 90th day, an application was filed with the USMJ for more time to do that, and it was signed after the 90th day. Violations of Rule 41 do not automatically lead to suppression, and this one doesn’t either because there is no prejudice. Also, this is not a violation of the Fourth Amendment, so no exclusion. United States v. McKany, 2013 U.S. Dist. LEXIS 171826 (S.D. Cal. December 4, 2013).*
No standing in the search of the cell phone of another person (and it was searched under a warrant). There was probable cause for the search of his motel room based on detailed information from potential crime victims. United States v. Hill, 2013 U.S. Dist. LEXIS 172059 (N.D. Ga. December 6, 2013).*
U.S. Navy police had reasonable suspicion to stop defendant for suspicion of DUI. United States v. Carlysle, 2013 U.S. Dist. LEXIS 171777 (E.D. Va. December 5, 2013).*
In California, DNA is taken from all felony arrestees, and defendant’s was put into the state CODIS and he was linked to cold case burglaries and sex offenses. The seizure and use of his DNA was reasonable. Balancing the privacy interests in what part of the DNA is used and how against the governmental interests, this taking and use of DNA is reasonable under the Fourth Amendment. People v. Lowe, 221 Cal. App. 4th 1276 (4th Dist. November 15, 2013), published December 4, 2013:
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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)