- IL: Circumstances made SW affidavit admissible at trial
- Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw
- IN: Fundamental (plain) error of S&S claims requires the evidence be fabricated, not just unconstitutionally obtained
- USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’
- Galveston Co. Daily News: Galveston SWAT team wrecks wrong house in search for wrong suspect
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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: Warrant execution
The Galveston Co. Daily News: Galveston SWAT team wrecks wrong house in search for wrong suspect by Trace Harris:
“Contrary to Torres’ arguments, when an individual is suspected of dealing narcotics, probable cause to search his home does not demand a showing that he deals those narcotics at his home. The common-sense likelihood that drug dealers keep evidence of … Continue reading
Defendants moved to vacate guilty pleas for drug possession after the officers involved were federally indicted for planting drugs on suspects. The trial court denied without a hearing because of the guilty pleas. The CoA reversed and ordered a hearing. … Continue reading
WaPo: Police misused Find My app before raiding 77-year-old’s home, ACLU says by María Luisa Paúl:
The video of this stop contradicted the district court’s findings, and the motion to suppress should have been granted. “Here, however, the video evidence does not support some of Officer Helms’s statements and impressions. As we explain, the district court … Continue reading
Defense counsel was not ineffective for not challenging the use of a flashbang device in execution of the search warrant at defendant’s home. The Fourth Amendment does not usually require limits on how the warrant should be executed. Here, it … Continue reading
SWAT team entry into defendant’s Queens home at dawn for child pornography on a computer was not unreasonable. The police knew that only defendant, his wife, and their children (the children were “Potential Hazards” according to their operational plan) were … Continue reading
E.D.Ky.: Def shows nothing to support claim taint team violated attorney-client privilege in review after SW
Defendant argued that the execution of this search warrant resulted in disclosure of attorney-client privileged information because of alleged misuse of a taint team. But, he provides no context or anything to go on. Taint teams are recognized in such … Continue reading
Plaintiff’s claim against defendant insurance company for failing to pay an insurance claim for damage during a SWAT team raid on his house goes forward. The policy’s exclusionary clauses are overbroad under California law. Heard v. QBE Ins. Corp., 2022 … Continue reading
A child pornography investigation in Idaho led to a search warrant in a neighboring county in Washington. The Washington officers inviting Idaho officers to participate in aiding the search did not violate statute or the Fourth Amendment. It was permitted … Continue reading
Applying “best practices” to a search protocol isn’t usually constitutionally required. State v. Fudge, 2022 Kan. App. LEXIS 37 (Sep. 30, 2022):
Police had probable cause that a sexual assault occurred in defendant’s trailer, so they seized it to get a search warrant. Before executing the warrant, they had it towed to a police station. Defendant was in jail and had no … Continue reading
N-M: Cell phone search authorization for one day produced 200,000 images; but still not unreasonable because of how it was done
The search authorization for defendant’s cell phone for location data and images for a particular date was supported by probable cause. The Cellebrite download included 200,000 images, far more than the day in question. While looking for the day in … Continue reading
The government’s untimely discovery response to defendant’s repeated requests for the product of his cell phone search doesn’t warrant dismissal of the indictment. Probable cause was shown for the cell phone search, and the motion to suppress is denied. United … Continue reading
The fact a search warrant was directed to all peace officers of the State of Georgia didn’t preclude the state from turning the evidence over to the Secret Service for forensic analysis. Oliver v. State, 2022 Ga. App. LEXIS 344 … Continue reading
Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000 by Sam Binion (“When Vicki Baker cleared out her home in McKinney, Texas, in 2020, she filled two 40-foot dumpsters with her belongings. … Continue reading
CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW
Testimony about how a search warrant was executed as it was could have prejudiced defendant by revealing the government thought he was violent before arrest. It was not, however, plain error on this record without an objection. United States v. … Continue reading
Handcuffing did not turn this stop into an arrest. United States v. Walker, 2022 U.S. Dist. LEXIS 108170 (D.Conn. June 17, 2022).* Petitioner’s 2254 claim was based on ineffective assistance of counsel for waiver of his claim that he was … Continue reading
This district court rejects, as has S.D.N.Y., the Art. III function of filter teams reviewing searches of Baltimore Law Firm. (In re Search Warrant Issued June 13, 2019 (“Baltimore Law Firm”), 942 F.3d 159, 170-71 (4th Cir. 2019)). Too much … Continue reading
The officers’ delay in executing the search warrant for defendant’s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. State v. Alexander, 2022-Ohio-1812, … Continue reading