- 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: Arrest or entry on arrest
WV: SW for items that are also common to any home doesn’t make warrant general; it’s specific enough
Officers had two search warrants for Gray’s place, and defendant complained that the warrant described things common to any home. There was probable cause for that stuff, and there’s no requirement of a more specific description. State v. Knotts, 2023 … Continue reading
S.D.Cal.: A pending forfeiture action in another district justifies dismissal of Rule 41(g) motion because there is another remedy
This is a Rule 41(g) action for return of property, a superyacht owned by a Russian oligarch seized allegedly in violation of Russian sanctions. The next day, a forfeiture action was filed in the S.D.N.Y., and that provided an adequate … Continue reading
M.D.Fla.: “[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.”
“[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.” Santiago v. Swain, 2023 U.S. Dist. LEXIS 194607 (M.D. Fla. Oct. 31, 2023).* Plaintiff’s civil Franks claim fails because there was probable cause … Continue reading
A violation of state law on arrest warrant papers doesn’t per se make a Fourth Amendment violation. “There is no Fourth Amendment requirement that a state criminal complaint for an arrest warrant be signed, or even that the warrant itself … Continue reading
During a traffic stop, the officer’s question about weapons in the car resulted in defendant’s getting unusually nervous, his breathing completely changing where his chest rose and fell, and he refused to look the officer in the eye. That was … Continue reading
The smell of marijuana from a vehicle is probable cause even if legal hemp can be mistaken for it. State v. Gonzales, 2023 Tex. App. LEXIS 7827 (Tex. App. – Dallas Oct. 12, 2023). Plaintiff’s claim for false arrest for … Continue reading
Continuation of plaintiff’s arrest after the officer learned it was unjustified denied the officer qualified immunity. “Even if we concluded Officer Holtan made a reasonable mistake about probable cause when he first tackled Nieters to the ground, Nieters immediately informed … Continue reading
The incriminating nature of an AR-15 was immediately apparent to the officers. They don’t have to know that it’s contraband, just that it’s reasonably likely. On this record, that was shown. United States v. Grier, 2023 U.S. App. LEXIS 26077 … Continue reading
The home of a drug dealer does not create nexus without more evidence of a connection. United States v. Edwards, 2023 U.S. Dist. LEXIS 176766 (W.D. Tenn. Sep. 29, 2023). Plaintiff’s arrest for unlawful fishing in Manhattan’s Morningside Park was … Continue reading
“The presence of an impermissible motive does not, by itself, establish that the administrative search was pretextual, Orozco, 858 F.3d at 1213, and here, the record shows the presence of a valid motive: the city inspector obtained the administrative search … Continue reading
“Assuming for the sake of argument that Akladyous was in fact improperly detained for more than 48 hours before a probable cause finding was made, such argument would not invalidate his subsequent conviction pursuant to Gerstein.” State v. Akladyous, 2023-Ohio-3105, … Continue reading
A person acquitted at trial but arrested with probable cause has no claim. Probable cause for arrest survives an acquittal. Davis v. City of Apopka, 2023 U.S. App. LEXIS 22680 (11th Cir. Aug. 28, 2023):
“But this court concluded that ‘Plaintiff-Appellees’ claims against Officer Currie … fall under the Fourth Amendment.’ [Mayfield, 976 F.3d at 486 n.1.] As that opinion explained, ‘in order to bring a First Amendment claim for retaliatory arrest, a plaintiff generally … Continue reading
On a Franks challenge, “Defendant failed to establish that, if additional information about the informant’s credibility had been included, the affidavit would have been insufficient to establish probable cause.” United States v. Carter, 2023 U.S. App. LEXIS 22478 (9th Cir. … Continue reading
Collective knowledge also applies to reasonable suspicion. State v. Hodge, 2023 Tenn. Crim. App. LEXIS 317 (Aug. 24, 2023). Defendant’s “certified question” for appeal was overbroad. State v. Beech, 2023 Tenn. Crim. App. LEXIS 313 (Aug. 24, 2023).* Defendant was … Continue reading
Plaintiff raised questions of fact and law as to the officer’s authority to arrest him in his front yard on the curtilage. Summary judgment denied on the merits, but remanded for further qualified immunity analysis. Sauceda v. City of San … Continue reading
The state’s statutory failure to allow defendant to contact a lawyer before a BAC test doesn’t require suppression of the BAC test. Dunbar v. Dir. of Revenue, 2023 Mo. App. LEXIS 582 (Aug. 15, 2023). “Movant provides no facts or … Continue reading
Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant’s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part … Continue reading