A new format of this website opened before midnight, April 14th. If you are here, please update your bookmark to go to www.FourthAmendment.com. Everything is there, going back to 2006.
I'd been thinking about a new format, but the cost of transfer of old data to a new version was prohibitive before pricing it again. After 10,500 posts, that much data was once too costly to transfer and still be searchable. Finally, it could be done. The crash of the website two weeks ago in the old, really old, software was the impetus.
The officer lacked reasonable suspicion that defendant was armed to justify a frisk. Defendant, inter alia, made no furtive movements, and asked why the officers had to search him and his demeanor changed when it came up. Nothing here indicates risk of a weapon. Reversed. State v. Rodriguez-Perez, 2014 Ore. App. LEXIS 433 (April 9, 2014)*:
BLT: D.C. Magistrate Judge Sets Up Showdown Over Cellphone Data by Zoe Tillman:
NYT: Adding Insult to Gun Injuries, Police Often Handcuff [Shooting] Victims by Joseph Goldstein:
911 call about a shooting at 1:23 am, and “He’s in here” when they arrive justifies an emergency entry. [Certainly sounds like consent, too.] The real issue, however, is whether that also includes EMTs who follow and CSIs, and the answer is yet. This is not really a murder scene exception: It’s responding to the 911 call and the bleeding victim. The CSIs are not precluded from entering on the original call. State v. Hutchison, 2014 Tenn. Crim. App. LEXIS 346 (April 11, 2014):
The motion to suppress addressed only the legality of the stop, and it didn’t mention the post-stop detention. The state was, therefore, not prepared to defend on that ground, and the trial court erred in deciding that ground without notice it was to be tried. State v. Byrnes, 2014-Ohio-1274, 2014 Ohio App. LEXIS 1452 (2d Dist. March 18, 2014):
The government sought a warrant for everything on a cell phone (“text-messages, videos, photos, records of internet usage and movement tracking information”) dealing with one day and a particular crime, so the warrant was not necessarily overbroad. The overbreadth issue is somewhat difficult, so, exercising discretion to look at the good faith exception, the court finds the warrant valid because the warrant is not clearly invalid. United States v. Nguyen, 2014 U.S. Dist. LEXIS 49536 (W.D. N.Y. April 7, 2014):
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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)