Post details: CA10: Defendant consented to each step of his searches

11/07/09

Permalink 01:31:19 pm, by fourth, 224 words, 91 views   English (US)
Categories: General

CA10: Defendant consented to each step of his searches

Search did not exceed the duration of defendant's consent because (1) defendant repeatedly consented to the searches; (2) defendant's consent contained no limitation on the duration of the search; (3) at no time did defendant seek to limit the duration of the search, nor did the officers create the understanding that the search would have been brief; and (4) there was no indication that the officers failed to act with due diligence in conducting the search. A dog also alerted. United States v. Carbajal-Iriarte, 586 F.3d 795 (10th Cir. 2009).*

Officers had an arrest warrant, and that permitted them to enter defendant’s premises to arrest under Payton. Short v. United States, 2009 U.S. Dist. LEXIS 102269 (E.D. Mo. November 3, 2009).*

Defendant’s stop for not having a driver’s license was justified because the officer knew defendant was without a license. The smell of marijuana coming from the car justified more. United States v. Duque, 2009 U.S. Dist. LEXIS 102199 (W.D. Okla. November 2, 2009).*

Defendant was reasonably detained as a suspected illegal alien. United States v. Adoni-Pena, 2009 U.S. Dist. LEXIS 102125 (D. Vt. October 23, 2009).*

Mistake of law about obstructed taillights required suppression of defendant’s stop. United States v. McHugh, 349 Fed. Appx. 824 (4th Cir. 2009) (unpublished).*

The frisk of a juvenile for a weapon was without reasonable suspicion, so the search is suppressed. State v. Anthony L., 2009 N.M. App. LEXIS 185 (October 7, 2009).*

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"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).

"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 property."
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 Amendment."
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)

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Martin Niemöller (1945) [he served seven years in a concentration camp]

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"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)

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