- DE: Mandamus can’t be used as interlocutory appeal of denial of motion to suppress
- New Law Review: Policing Emotions: What Social Psychology Can Teach Fourth Amendment Doctrine
- D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial
- W.D.Mich.: Inmate can’t claim a medical condition and then refuse testing on 4A grounds
- E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable
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"If it was easy, everybody would be doing it. It isn't, and they don't."
“Life is not a matter of holding good cards, but of playing a poor hand well.”
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“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: Ineffective assistance
“Christopher Montalvo-Flores moved to suppress evidence the Government obtained in its search of his girlfriend’s rental car. The District Court denied his motion, holding that he failed to show he had a reasonable expectation of privacy in that vehicle. We … Continue reading
The government’s “pre-search” of a shared folder on defendant’s computer available through eMule was not subject to a reasonable expectation of privacy and was reasonable. United States v. Johnson, 2023 U.S. Dist. LEXIS 146664 (D. Ariz. Aug. 21, 2023), adopting … Continue reading
A “red screen” on the police car’s computer screen meant a serious warning about defendant’s LPN, and that justified the stop. State v. Cooper, 2023-Ohio-2897, 2023 Ohio App. LEXIS 2881 (5th Dist. Aug. 18, 2023).* Blocking both ends of an … Continue reading
Defendant’s pleading only the state constitution waived the Fourth Amendment claim. State v. Bell, 2023 Ida. LEXIS 95 (Aug. 15, 2023). Defendant complained trial counsel was ineffective for not challenging a search of house that was allegedly burglarized and defendant’s … Continue reading
The tracking warrant provided for tracking of the car, but did not mention installing the tracker. The court finds the good faith exception applies. United States v. Gonzalez, 2023 U.S. Dist. LEXIS 142057 (D.Minn. Aug. 15, 2023). There was probable … Continue reading
E.D.Mich.: PC to believe a person lives at a particular address can be wrong and still be sufficient
Probable cause to believe a person lives at a particular address can be wrong and still be sufficient. “Vaughn also challenges the sufficiency of the affidavit on the ground that it failed to establish probable cause that he lived at … Continue reading
Plaintiff, a citizen who is essentially a person on the street with no particular interest in the case, has no ability to intervene in the Mar-a-Lago search warrant case to argue lack of probable cause, something conceded by the parties. … Continue reading
A resident of a halfway house has no reasonable expectation of privacy in his cell phone while residing there. He agreed that his property was subject to search. United States v. Weste, 2023 U.S. Dist. LEXIS 132886 (W.D. Tex. July … Continue reading
“Contrary to defendant’s contention, the CI’s basis of knowledge was not undermined by the fact that the CI did not actually enter the apartment during the controlled buys …. A sufficient nexus to the apartment was established by the continuous … Continue reading
The remedy for a violation of the Posse Comitatus Act is civil, not exclusion. United States v. King, 2023 U.S. App. LEXIS 19052 (10th Cir. July 25, 2023) (denying COA). “On the whole, the factors outlined in Chavez provide mixed … Continue reading
Late disclosed information justified the late filing of the motion to suppress. But, it still loses on the merits. United States v. Love, 2023 U.S. Dist. LEXIS 126671 (E.D. Wis. July 24, 2023).* This stop was based on reasonable suspicion … Continue reading
“Even if we assume that Deputy Johnson had an investigatory motive, we still hold that the inventory search was reasonable. Indeed, after Deputy Johnson arrested Nielsen on an active felony-drug warrant, SCSD policy required Deputy Johnson to have Nielsen’s vehicle … Continue reading
The warrant was particular when it showed a picture of the premises with the address. The photograph showed the detached garage on the curtilage. That was covered by the warrant, too. When the government raised standing in response to defendant’s … Continue reading
The fact the CI related information that was publicly known doesn’t support the story. “Although the Court concludes that the Apple/iCloud warrant was not supported by probable cause, the good-faith exception to the exclusionary rule applies.” The case was a … Continue reading
NY Queens: Conflict of laws: Federal SW led to state court prosecution, and it is reviewed under state law
The warrant was issued by a U.S. Magistrate Judge, but it is reviewed under New York law which retained Aguilar/Spinelli, and it meets the test. People v. Mercado, 2023 NY Slip Op 23195, 2023 NYLJ LEXIS 1655, 2023 N.Y. Misc. … Continue reading
A search warrant for a cell phone includes the SD card in it. United States v. Glatz, 2023 U.S. Dist. LEXIS 114963 (E.D. Tenn. July 5, 2023). A jury question on probable cause to arrest remained, and that avoids qualified … Continue reading
The search warrant might appear general, but it was limited by the things to be searched for. The reference to “trace evidence including but not limited to blood, hair, fibers, fluids, and fingerprints” did not make it unparticular. Trace evidence … Continue reading
The multiple controlled buys were undated in the search warrant application, but the common sense reading was that they were in the five weeks before the warrant issued. That shows an ongoing drug operation, and it’s not stale. United States … Continue reading