- 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: Issue preclusion
Greco v. Bruck, 2022 U.S. App. LEXIS 13074 (3d Cir. May 13, 2022), prior opinion Greco v. Bruck, 2021 U.S. App. LEXIS 33660 (3d Cir. Nov. 12, 2021) (posted here) reaffirms that state court proceedings bar federal litigation in a … Continue reading
Defendant didn’t fairly articulate his objections to the R&R, so his objection is waived. United States v. Hill, 2022 U.S. Dist. LEXIS 83707 (N.D.Ga. May 9, 2022). There was probable cause for this search authorization, and the good faith exception … Continue reading
Imprecision in the affiant investigator’s words doesn’t equate to recklessness for Franks purposes. United States v. Tubbs, 2022 U.S. Dist. LEXIS 73473 (N.D.Ala. Mar. 14, 2022).* Defendant’s alleged Franks violation wasn’t even material based on all the evidence that the … Continue reading
Plaintiff’s claims that the parties conspired to falsify evidence of this search against him, aside from being fantastical, was barred by Younger and qualified or absolute immunity for all the parties. Shaw v. Cnty. of Milwaukee, 2022 U.S. App. LEXIS … Continue reading
“The issue before us is whether the particularity requirement of the Fourth Amendment is satisfied if a warrant describes the place to be searched as a fraternity house as a whole without specifying a suspect’s actual room in the house, … Continue reading
D.Ariz.: To overcome Stone bar, pet’r has to proffer something about being denied “full and fair opportunity” to litigate 4A claim
To overcome Stone in a 2254, the petitioner has to proffer that he was denied a full and fair opportunity to litigate his Fourth Amendment claim. Failure to do so is fatal to claim. Bartels v. Arizona, 2022 U.S. Dist. … Continue reading
Defendant with his cell phone in hand was at the scene of a shooting as shown by surveillance video. That’s probable cause for the phone. United States v. King, 2022 U.S. Dist. LEXIS 53647 (S.D.N.Y. Mar. 24, 2022). When the … Continue reading
E.D.Tenn.: Def doesn’t show a right to see whether the SW in his case was validly issued; that’s the lawyer’s call; and he pled guilty
“Petitioner alleges that Attorney Greene failed to present critical documents for Petitioner’s review prior to his guilty plea. Petitioner contends that he should have been shown ‘evidence of there being a valid search warrant,’ ‘computer chat logs where the government … Continue reading
State officers outside their jurisdiction making an arrest is not alone a Fourth Amendment violation. Virginia v. Moore. United States v. Blair, 2022 U.S. Dist. LEXIS 47833 (D.Neb. Mar. 17, 2022).* Defendant found to have consented to a search after … Continue reading
There was probable cause shown for the search warrant for defendant’s GPS monitoring device and his house for evidence of murder. State v. Gallion, 2022-NCCOA-164, 2022 N.C. App. LEXIS 178 (Mar. 15, 2022). 2254 petitioner’s sole ground for relief is … Continue reading
Defendant’s incapacity does not nullify his implied consent to a BAC blood draw by statute. People v. Joseph, 2022 VI SUPER 12, 2022 V.I. LEXIS 16 (Jan. 27, 2022) (10 months from suppression hearing to order). A nonprosecution agreement does … Continue reading
Search warrant applications are reviewed on the “four corners” of the affidavit. “New evidence” isn’t considered. United States v. Shade, 2022 U.S. Dist. LEXIS 43451 (6th Cir. Mar. 9, 2022). There was reasonable suspicion for the officer to expand the … Continue reading
“Upon a review of the record, we find that the evidence adduced at the hearing did not establish the existence of facts sufficient to provide the police officer with reasonable grounds to believe that an emergency existed which required the … Continue reading
NY Nassau: 14 days pole camera surveillance of def’s residence not unreasonable under 4A or state constitution
Pole camera surveillance of a homeless shelter for 14 days observing defendant coming and going was not an unreasonable search under the state or federal constitution, even if it was his home. People v. Destefano, 2022 NY Slip Op 22052, … Continue reading
An investigation by the DoD Inspector General is an exception to the Posse Comitatus Act. Besides, a violation of the Posse Comitatus Act is not subject to the exclusionary rule. United States v. Vaxima, Inc., 2022 U.S. App. LEXIS 5315 … Continue reading
A question to a motorist about tattoos during a stop because they might have been prison tattoos wasn’t shown to be related to officer safety and was thus unreasonable. “Here, the circuitous, propensity-based inquiry about defendant’s incarceration history was predicated … Continue reading
A governmental actor taking a child from the home is determined under the Fourth Amendment if substantive due process does not apply. Brokaw v. Mercer County, 235 F.3d 1000, 1017-18 (7th Cir. 2000). H.P. v. Kelley, 2022 U.S. Dist. LEXIS … Continue reading
Probable cause to search a car under the automobile exception does not automatically give probable cause to search the person of the driver. It depends on the facts. State v. Stevens, 2022 Iowa Sup. LEXIS 13 (Feb. 18, 2022). Temporarily … Continue reading