- 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: Computer and cloud searches
EFF: Your Service Provider’s Terms of Service Shouldn’t Overrule Your Fourth Amendment Rights by Jennifer Lynch:
The warrantless seizure of defendant’s computer was justified by exigent circumstances that it contained evidence of fraud. United States v. Mays, 2021 U.S. App. LEXIS 9861 (8th Cir. Apr. 6, 2021). “Because we conclude that the officer’s initial question about … Continue reading
E.D.N.Y.: SW for email on devices as evidence of wire fraud permits seizure and search of the devices
Where the crux of a wire fraud is provable by email, a search warrant for defendant’s electronic devices was reasonable because cell phones and computers would likely have email access on them. That was just common sense, and the affiant … Continue reading
Defendant’s cell phone was searched without a warrant pre-Riley under law at the time. “If the evidence collected during the search was to be admitted, he contends, it was only through the application of the good-faith exception recognized in Davis … Continue reading
An iCloud search warrant was not overbroad because the warrant sought a lot of material. Based on Apple’s protocols, it essentially had to be, and a time restriction wouldn’t be of any use. United States v. Woolard, 2021 U.S. Dist. … Continue reading
Defendant was charged with stalking a former boss. A disguised email was traced by metadata to defendant’s router. His computer was searched, and the email was found. The question of probable cause for the search warrant does not require the … Continue reading
Defendant’s computer search release condition had no rational relationship to the crime. He was not a sex offender and there was no computer link to his crimes. United States v. Morgan, 2021 U.S. App. LEXIS 2972 (7th Cir. Feb. 3, … Continue reading
CNS: Judges Grapple With Phone, Laptop Searches at US Customs by Thomas Harrison (“The First Circuit struggled Tuesday with a policy that lets border agents look through the phones or laptops of travelers returning from abroad.”)
Orin Kerr, The Fourth Amendment Limits of Internet Content Preservation, forthcoming in the St. Louis University Law Journal. Abstract:
W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW
Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading
CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment
The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading
Jurist: Michigan voters approve warrant requirement for electronic data searches by Daniel Klapper (“Michigan voters Tuesday approved an amendment to the state constitution that will require law enforcement to get a warrant for electronic data searches. The amendment prohibits searches … Continue reading
Law.com: The Execution of Cloud Search Warrants by Peter A. Crusco (“In his Cyber Crime column, Peter A. Crusco discusses the issues raised by search warrants aimed at electronically stored information.”).
FoxNews: Google CEO says tech giant deletes this information used by police by Brooke Brothers (“Google now sets a time limit on data used by police for tracking suspects, the CEO said at Wednesday’s congressional hearing with tech giants. The … Continue reading
“Following the district court’s hearing and ruling that the delay was not unreasonable, the appeal has been restored to this panel. We now rule that the police delayed unreasonably long in violation of the Fourth Amendment when they waited without … Continue reading
Defendant was an airline pilot. HSI conducted a child pornography search at a residence in Texas that had an IP address associated with defendant, but none was found. Reasonably believing he had child pornography on his devices, they found he … Continue reading
NYT: House to Vote on Limiting FBI Power to Collect Americans’ Internet Data NYTimes: House to Vote on Limiting F.B.I. Power to Collect Americans’ Internet Data by Charlie Savage (“Lawmakers compromised on an ambiguously worded amendment that narrows a failed … Continue reading
Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant
Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant by Aaron Holmes (“More than 50 groups from across the political spectrum urged lawmakers to block legislation that would let … Continue reading
CA6: Ptf stated claim for unreasonable continued detention after state’s case collapsed when forensic search of computer came up negative
Plaintiff was arrested for child pornography when officers executed a search warrant at his house based on a video uploaded via the IP address and router in the house. There was probable cause for the arrest, but not for the … Continue reading
Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading