- Techdirt: DOJ Asks DC Court To Compel Decryption Of Device Seized In A Capitol Raid Case
- E.D.Ark.: No 4A REP in trash container at the street for pickup
- W.D.N.Y.: One has to show standing to get access to SW materials
- D.Kan.: Seizure without RS led to abandonment; suppression granted
- IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”
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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
"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: Knock and announce
A government employee, like a private employee, has a reasonable expectation of privacy in his or her office. A co-worker at the insistence of the FBI gathered evidence from defendant’s office and violated the Fourth Amendment. But for these illegal … Continue reading
The remedy for a no-knock violation is not suppression of the evidence—it’s a § 1983 action for violating the Fourth Amendment. Moreover, “An issuing judge need not eliminate every alternative explanation to find a ‘fair probability’ that contraband will be … Continue reading
NPR: Virginia Gov. Northam Signs ‘Breonna’s Law’ Banning No-Knock Warrants by Daniella Cheslow (“Virginia Gov. Ralph Northam ceremonially signed a law Monday that will prohibit police from using no-knock warrants, which allow police to enter and search a home without … Continue reading
AP: Baltimore prosecutor: Do not authorize “no knock” warrants (“Baltimore State’s Attorney Marilyn Mosby has directed prosecutors in her office to not authorize ‘no knock’ arrest warrants that are approved by judges, citing the police shooting death of Breonna Taylor … Continue reading
The no-knock provision in this search warrant was justified by the affidavit in support of the warrant. United States v. Bryant, 2020 U.S. Dist. LEXIS 174793 (S.D. N.Y. Sept. 23, 2020):
Defendant’s efforts to distinguish Hudson and its refusal to apply the exclusionary rule to knock-and-announce violations fail. United States v. Pyles, 2020 U.S. Dist. LEXIS 169623 (E.D. Tex. Sept. 16, 2020). Petitioner gets a CoA on the following habeas issue: … Continue reading
WaPo: Louisville agrees to $12 million payout and policing changes in pact with family of Breonna Taylor, killed in police raid by Tim Craig & Marisa Iati (“The city of Louisville announced a $12 million settlement Tuesday with the family … Continue reading
Defendant pled in his motion to suppress there was a knock-and-announce violation, and the government responded with affidavits that knocking would be unsafe. Unrebutted, that’s enough to deny a hearing. United States v. Moore, 2020 U.S. Dist. LEXIS 155454 (S.D. … Continue reading
MS: Knowingly searching wrong house by choosing to disregard error in SW made Bureau of Narcotics liable
In a case that smacks of the good faith exception causing a search of the wrong house that should never have happened, the Mississippi Bureau of Narcotics knowingly raided the wrong house without knocking and announcing. Trial testimony showed that … Continue reading
“A decision of whether or not to file a motion to suppress is a strategic choice of counsel.” Here, there was no factual basis to file a motion to suppress. Waters v. United States, 2020 U.S. Dist. LEXIS 147764 (W.D. … Continue reading
The CI was reliable and provided probable cause. A knock-and-announce violation doesn’t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. – Houston (1st Dist.) July 28, 2020):
Law360: ‘Good Faith’: Breonna Taylor And The Broad Search Standard by Cara Bayles
The officer’s entering through an open door didn’t require knock-and-announce at common law. United States v. Sherrod, 2020 U.S. App. LEXIS 22296 (8th Cir. July 17, 2020):
The State: SC Chief Justice Beatty orders magistrates to stop issuing ‘no knock’ search warrants by John Monk (“State Supreme Court Chief Justice Donald Beatty late Friday afternoon ordered state judges and magistrates to stop issuing ‘no-knock’ search warrants to … Continue reading
Under the state constitution, police knocks on the door for 25 seconds in the early morning before forcibly entering after even hearing the homeowner call out was not a reasonable amount of time to respond, and this warranted suppression of … Continue reading
AP: Memphis police department to stop using no-knock warrants by Adian Sainz (“The Memphis Police Department has decided to stop using ‘no-knock’ warrants in the wake of the fatal shooting of a black Kentucky woman by narcotics detectives who burst … Continue reading
Rolling Stone: No-Knock Warrants: Inside Police Tactic That Killed Breonna Taylor by EJ Dickson (“In certain cases, judges may allow authorities to enter a suspect’s home without announcing themselves — but since the death of Breonna Taylor, their use is … Continue reading
Louisville Courier Journal: Rand Paul says no-knock warrants ‘should be forbidden’ in wake of Breonna Taylor shooting by Phillip M. Bailey (“‘No one should lose their life in pursuit of a crime without a victim, and “no-knock” warrants should be … Continue reading
Louisville Courier Journal: Was a ‘no-knock’ warrant justified to search Breonna Taylor’s home? Several experts say no
Louisville Courier Journal: Was a ‘no-knock’ warrant justified to search Breonna Taylor’s home? Several experts say no by Andrew Wolfson (“A national authority on search and seizure law says the no-knock warrant that Louisville police obtained for Breonna Taylor’s apartment … Continue reading
HI: Repeated announcement outside tent before entry with SW satisfied knock-and-announce requirement; def was hearing impaired and slept through it
Defendant lived in a park in a “tent,” under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock … Continue reading