- MT: Welfare check of car was reasonable, but extending it was without RS
- OH12: Dog alert on car and def’s person didn’t justify strip search
- ID: Not unreasonable to check wants and warrants on passenger during a traffic stop
- CA6: A minimal showing of nexus is enough for GFE even where PC is lacking
- CA9: Mandated GPS tracking of e-scooters not 4A violation
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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
Defendant’s Facebook page was subject to being searched because there were interactions on it with a coconspirator, and that showed probable cause. United States v. Daprato, 2022 U.S. Dist. LEXIS 78626 (D.Md. May 2, 2022).* “Frey’s motion to suppress evidence … Continue reading →
Defendant had the burden to show the extent of his privacy interest in his Instagram account. Were the parts to be evidence obtained from the private or public parts? He doesn’t show. The Terms of Service would limit it in … Continue reading →
Bloomberg: Facebook Data Release to Cops Evades Fourth Amendment Limits Deep Dive by Jake Holland (“A Ninth Circuit ruling that allows tech companies to turn over an individual’s online account data to law enforcement for preservation without violating the Fourth … Continue reading →
A communication data warrant requires probable cause. Facebook’s data in hand is not “intercepted” for wiretapping purposes. Facebook, Inc. v. State, 2022 N.J. Super. LEXIS 40 (Apr. 4, 2022):
A civil investigative subpoena to Facebook for information about posters of Covid misinformation was not unreasonable. n.3: “Meta suggests that the Fourth Amendment requires the District to obtain a search warrant to get this information. … One sufficient response is … Continue reading →
Twitter deactivated defendant’s account for violation of its terms of service and reported him to NCMEC. Defendant had no reasonable expectation of privacy in the files Twitter had preserved on him. “The Court finds under the circumstances of the case … Continue reading →
An officer sending defendant a SnapChat “friend” request which defendant accepted created no reasonable expectation of privacy in his SnapChat account. Thereafter, defendant posted a video of him with a firearm, and police looked for him and arrested him for … Continue reading →
An officer found defendant selling fake IDs via Facebook. “The Facebook Warrant contained posts from this account indicating that the account-operator was selling fake IDs, including by specifying that the IDs could help people avoid warrants, fines, and jail time. … Continue reading →
CA11: FBI’s negligence in taking six months to search def’s truck and computers did not require suppression
“Bruce Nicholson, an Alabama man convicted of federal child sex crimes and sentenced to life in prison, challenges his conviction on direct appeal. The main question in this criminal appeal is, as it often is, whether a criminal should ‘go … Continue reading →
Collateral estoppel bars plaintiff’s suit against officers who arrested and searched him. He lost on the same search issue in state court, and that’s order is final. Bertaux v. Aurora Police Dep’t, 2022 U.S. Dist. LEXIS 11260 (N.D.Ill. Jan. 21, … Continue reading →
Facebook’s passing on suspected child pornography on its platform is a private search. Moreover, Facebook’s terms of service show a lack of a reasonable expectation of privacy for child porn. United States v. Montijo, 2022 U.S. Dist. LEXIS 4577 (M.D.Fla. … Continue reading →
The officer violated no reasonable expectation of privacy of defendant by creating a fictitious Facebook account and then getting “friended” by defendant. Then on defendant’s Facebook account, the officer saw that defendant parolee had firearms. That led to a valid … Continue reading →
“[T]he totality of the circumstances described in the search warrant affidavit establishes the requisite nexus between Kyle Clark’s Facebook account and evidence of suspected drug-trafficking activities.” United States v. Clark, 2021 U.S. Dist. LEXIS 229926 (D.Minn. Dec. 1, 2021).* The … Continue reading →
Reason: “The Fourth Amendment Limits of Internet Content Preservation” by Orin S. Kerr (“A strong Fourth Amendment claim that criminal defense lawyers should be making.”):
Defendant didn’t show a reasonable expectation of privacy in his Facebook account by showing what he did to keep the account private. Even if he did, there was probable cause for the Facebook warrant. United States v. Whitcomb, 2021 U.S. … Continue reading →
The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare (“The Bureau of Prisons has piloted a program that can give authorities ‘huge secret intelligence into the public sender of postal mail.’”) Politico: Covert Postal Service unit probed … Continue reading →
There was no reasonable expectation of privacy in defendant’s Instragram account postings and communications whether it was set private or not. United States v. Dixson, 2021 U.S. Dist. LEXIS 178371 (E.D.Mich. Sept. 20, 2021):
D.Minn.: Particularity in social media SWs is still evolving, and reliance on SW here was reasonable
Here, a Facebook warrant that allegedly lacked particularity was still close enough for the good faith exception. The law of particularity in social media warrants is still evolving, and it was reasonable for the officer to rely on the issuing … Continue reading →
N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation
The government made an “Application request[ing] an order compelling Sabre, a travel technology firm, ‘to provide representatives of the FBI complete and contemporaneous ‘real time’ account activity’ for an individual subject to an arrest warrant—what the government refers to as … Continue reading →
The target does not assert standing to challenge the search warrant for this Facebook account, which he must. In re Information Associated with One Account Stored at Premises Controlled by Facebook, 2021 U.S. Dist. LEXIS 120036 (D.D.C. June 4, 2021). … Continue reading →