- SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous
- CA3: Delaware “hit and hold” practice for entries not decided because of consent
- CA11: No jurisdiction to enjoin investigation after execution of SW
- The Epoch Times: Google Gave FBI Location Data for Over 5,000 Devices in Jan. 6 Probe
- S.D.Ind.: Forced Covid test didn’t violate 4A
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Fourth Amendment cases,
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"If it was easy, everybody would be doing it. It isn't, and they don't."
“I am still learning.”
—Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"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 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)
"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!”"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."
---Pepé Le Pew
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)
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Category Archives: Uncategorized
StarTribune: Ex-Minneapolis officer sentenced to three years in prison for stealing drugs during traffic stops
StarTribune: Ex-Minneapolis officer sentenced to three years in prison for stealing drugs during traffic stops by Randy Furst (“A former Minneapolis police officer who conducted questionable traffic stops in order to steal people’s drugs was sentenced Wednesday in U.S. District … Continue reading
NYT: How a New York County Used the State’s ‘Red Flag’ Law to Seize 160 Guns by Andy Newman, Benjamin Weiser and Ashley Southall (“Suffolk County on Long Island aggressively uses the law to take guns from people in crisis … Continue reading
The affidavit failed to show probable cause. There was a minimal showing of nexus. That’s enough here for the good faith exception. United States v. Helton, 2022 U.S. App. LEXIS 13943 (6th Cir. May 24, 2022):
After a year long investigation, officers obtained a search warrant for defendant’s medical clinic for health care fraud. They found videotapes in a cluttered backroom, and, based on the warrant, believed that they could contain evidence of the alleged fraud. … Continue reading
Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage (updated)
Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage by Travis Gettys:
Reason: Faulty Police Field Tests Said This Trucker Was Carrying 700 Gallons of Meth. It Was Diesel.
Reason: Faulty Police Field Tests Said This Trucker Was Carrying 700 Gallons of Meth. It Was Diesel. by Ed Ciaramella (“Juan Guzman spent nearly six weeks in jail based on unreliable field tests that have resulted in hundreds of other … Continue reading
The Hill: Former federal prosecutor says Jan. 6 led to FBI increasing surveillance of American public by Brad Dress (“Journalist and former federal prosecutor Ankush Khardori on Wednesday contended that the events of January 6 have led to the increased … Continue reading
and I’ve been a criminal defender since November 1979 (after my stint at the local prosecutor’s office from mid-1973): WaPo: Cruz and Cotton cut to the chase on GOP’s suspicion of defense lawyers by Aaron Blake (“With their criticisms of … Continue reading
NACDL: 2022 NACDL and the Samuelson Clinic’s Seminar: Unlocking the Black Box, free CLE on technology warrants in Chicago May 16-17.
A federal interstate truck requirement of an electronic logging device on the truck, incorporated under New York statute, for GPS, speed, and an event recorder is reasonable as an administrative search under the Fourth Amendment. It tracks the truck, not … Continue reading
The Michigan Supreme Court has apparently granted review in the March 2021 drone pictures decision in Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) posted here. Long Lake Twp. v. Maxon, 2022 Mich. LEXIS 503 … Continue reading
Buzzfeed News: ICE Conducted Sweeping Surveillance Of Money Transfers Sent To And From The US, A Senator Says
Buzzfeed News: ICE Conducted Sweeping Surveillance Of Money Transfers Sent To And From The US, A Senator Says (“Immigration and Customs Enforcement agents obtained millions of people’s financial records as part of a surveillance program that fed the information to … Continue reading
It is also the 262d anniversary of the argument in Paxton’s case, something I note every year. Visiting the Old Boston State House and seeing the exhibit of the court argument will make an impression.
ShotSpotter alert received by a nearby officer in the early morning hours with his observations on the scene in a minute or so on the totality was reasonable suspicion. Commonwealth v. Ford, 2022 Mass. App. LEXIS 14 (Feb. 18, 2022):
The Eleventh Circuit en banc concludes that the good faith exception may sometimes be reached on appeal even though the government didn’t raise it before the panel. United States v. Campbell, 2022 U.S. App. LEXIS 4317 (11th Cir. Feb. 16, … Continue reading
Orin S. Kerr, Katz as Originalism, 71 Duke L. J. 1047 (2022). Abstract:
Law360: Baltimore PD Reach Deal To End Aerial Surveillance Challenge by Allison Grande
EFF: Police Aerial Surveillance Endangers Our Ability to Protest by Matthew Guariglia (“The ACLU of Northern California has concluded a year-long Freedom of Information campaign by uncovering massive spying on Black Lives Matter protests from the air. The California Highway … Continue reading
Unum Life Insurance sought declaratory judgment that it wanted to know who to pay life insurance to under Oklahoma’s “slayer rule” that a killer can’t take life insurance or under an estate. Here, the alleged killer was not mentally fit, … Continue reading
WaPo: For seniors using tech to age in place, surveillance can be the price of independence by Heather Kelly (“To age in their own homes, seniors are juggling being watched with being on their own”):