- W.D.Mo.: ER’s security staff conducts private searches of GSW victims
- IA: Trespassing on RR property was RS for stop
- CA9: Going directly into pockets exceeded frisk power
- CA6: Excessive force “assault” claim under § 1983 doesn’t necessarily require contact
- N.D.Ga.: PC shown for cell phone and geo-location data
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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
"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: Social media warrants
Failure to specify the crime under investigation in a Facebook warrant wasn’t fatal and did not require exclusion. United States v. Vogelbacher, 2021 U.S. Dist. LEXIS 49359 (W.D.N.Y. Feb. 1, 2021), adopted 2021 U.S. Dist. LEXIS 48228 (W.D.N.Y. Mar. 15, … Continue reading →
The defense sought murder victims’ social media account content, and the trial court refused to quash a subpoena which was challenged under the Stored Communications Act. The materials by statute would have to be produced in camera. As an alternative … Continue reading →
There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant … Continue reading →
N.D.Iowa: Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations
Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations. United States v. Burkhow, 2020 U.S. Dist. LEXIS 20319 (N.D. Iowa Feb. 6, 2020):
techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers
techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers by Tim Cushing:
The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance
The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance by Alleen Brown & Alice Speri. After student protests to budget cuts at Puerto Rico’s university, seven were charged. Apparently Facebook search warrants were used:
Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).* Facebook’s … Continue reading →
“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe … Continue reading →
Courthouse News: Judge Rules FBI Cannot Hide Use of Social Media Surveillance Tools by Nicholas Iovino (“The FBI cannot hide whether it uses powerful surveillance tools to monitor the social-media activity of millions of Americans and noncitizens, a federal judge … Continue reading →
Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading →
Knowing that defendant and his confederates talked about drug transactions on Facebook messenger, the limited search warrant for that was based on probable cause, and a message was recovered referring to acquiring a “ball” and it was almost certainly an … Continue reading →
IP information from Facebook is not subject to suppression by statute. There are civil and criminal penalties, and that’s it. As for the search warrant for his house, it was constitutionally particular. United States v. Carter, 2019 U.S. Dist. LEXIS … Continue reading →
Reason: No Probable Cause Required for Cops To Access User Data From Popular Apps by Ben McDonald: Only three states require police to obtain a warrant before requesting private user data from companies.
Defendant was accused of a murder. The state got a search warrant for the victim’s Instagram account, and he moved to suppress. [Remember, Louisiana gives broad standing, but, still] He has no reasonable expectation of privacy in the place searched. … Continue reading →
E.D.N.Y.: Facebook SW was far too broad, but court declines to decide 4A question and goes with GFE instead
This Facebook warrant just seeks way, way too much information when it could have been far more narrowly tailored. “That said, the court need not decide whether the Facebook Warrant violated the Fourth Amendment because, even if it did, the … Continue reading →
Virginia Gazette: Police department searches of social media, cellphone data increasingly common by Steve Roberts Jr: According to a Virginia Gazette analysis of 511 search warrants digitized and filed in the Williamsburg-James City County Circuit Court since 2011, there has … Continue reading →
Officers had seen photographs on defendant’s Facebook page holding guns, and he was a convicted felon. There was thus probable cause for a search warrant to Facebook to produce the account. The warrant was served on Facebook with a 14 … Continue reading →
Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole
Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole by Nick Sibilla:
New Law Review Article: Contracting for Fourth Amendment Privacy Online by Wayne A. Logan & Jake Linford, Minnesota Law Review, Forthcoming: Abstract:
Defendant’s alleged use of Instagram justifies a search warrant for his cell phone as the source of the usage. United States v. Sosa, 2019 U.S. Dist. LEXIS 58467 (S.D. N.Y. Apr. 5, 2019):