- E.D.Mich.: Listing inventory on police report and not inventory sheet not unreasonable
- VT: Roving CBP patrol stop one mile from Canadian border violated state const. even though probably not 4A
- IL: Mere visitor present at time of SW execution could not be searched without reason
- WaPo: When the FBI seizes your messages from Big Tech, you may not know it for years
- E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account
online since Feb. 24, 2003
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Fourth Amendment cases,
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Section 1983 Blog
"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: § 1983 / Bivens
NY Times: If the Police Lie, Should They Be Held Liable? Often the Answer Is No. by Shaila Dewan (“Federal agents and police officers who work with them are often immune from lawsuits, even for serious rights violations. The Supreme … Continue reading
The officers’ investigation had progressed enough to have embarked on a course to readily identify defendant’s victims before the illegal search of the motel room. The government proved inevitable discovery. In addition, this wasn’t so flagrant, despite the granting of … Continue reading
No Bivens remedy for false arrest and malicious prosecution. Even if wrong, there was qualified immunity here. Boudette v. Buffington, 2021 U.S. App. LEXIS 24512 (10th Cir. Aug. 17, 2021). The citizen informant called police to say that there was … Continue reading
Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) … Continue reading
You can’t sue a judge for issuing a warrant where there’s no allegation that the judge abandoned the judicial role [harkening to good faith exception too]. Kolle v. Kyle, 2021 U.S. Dist. LEXIS 148629 (S.D.Ohio Aug. 9, 2021). The smell … Continue reading
N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive
Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is … Continue reading
DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter
Debit card financial records are basic third party records, like the bank records in Miller, and Carpenter offers no protection to the petitioner despite his claim of privacy interest in the information. And, if it did, the good faith exception … Continue reading
“A reasonable jury could find that Deputy Edmonds’s post-arrest incident reports contained knowing or reckless falsehoods. Drawing all inferences in favor of Ernest, Deputy Edmonds knew that Ernest never pointed his gun at her and that Ernest did not know … Continue reading
“Because the District Court weighed testimony and made credibility determinations, it erroneously found that Officer Williams had arguable probable cause to detain Ms. Khoury. We must therefore vacate the District Court’s summary judgment order holding that Officer Williams had qualified … Continue reading
Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP
Defendant’s cameras on their own property, including a Nest camera, that was intended to record plaintiffs’ loud parties did not invade their reasonable expectation of privacy, even if the Nest camera enhanced sound. Mezger v. Bick, 2021 Cal. App. LEXIS … Continue reading
CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed
Officers had probable cause for plaintiff’s arrest for a sexual assault charge based on the totality of information, even though charges were later dismissed. Further later investigation cast doubt, but the officers weren’t reckless. Walz v. Randall, 2021 U.S. App. … Continue reading
CA7: When false arrest is the claim, ptf’s bond conditions are not separate seizures for SoL purposes
Plaintiff’s false evidence claim arises from the arrest or release from detention, and here it is time barred. His release on detention was not a separate Fourth Amendment seizure. Smith v. City of Chi., 2021 U.S. App. LEXIS 19136 (7th … Continue reading
Defendant lost his motion to suppress in state court over a warrantless entry into his garage. He later sued over the search under § 1983 in federal court. The federal case was precluded by the state denial of the motion … Continue reading
Plaintiff’s civil rights complaint that OnStar allegedly illegally tracked his vehicle was already decided against him in his criminal case. The issue is precluded here. Lenhart v. Savetski, 2021 U.S. Dist. LEXIS 109462 (N.D. Ohio June 11, 2021). The collection … Continue reading
The DA declined to prosecutor the plaintiff because of a Franks violation in the affidavit for the search warrant. Plaintiff sued, and qualified immunity is found not inapplicable. Dahlin v. Frieborn, 2021 U.S. App. LEXIS 16077 (9th Cir. May 28, … Continue reading
The request for an evidentiary hearing on a suppression motion based on the mere hope something might turn up is really just speculation and should be denied. United States v. Dfouni, 2021 U.S. App. LEXIS 15091 (3d Cir. May 19, … Continue reading
Jail conditions can be so bad that they amount to a § 1983 “assault” without there being a more traditional assault. Here, it was a suicidal inmate knowingly put into solitary confinement and that could be pled as excessive force … Continue reading
Plaintiff had no standing to challenge a government actor’s entry into his neighbor’s property to look at his. McCafferty v. New Castle County Bd. of License, 2021 Del. Super. LEXIS 343 (Apr. 26, 2021). No matter how the court views … Continue reading