- MI: Automobile repair business is pervasively regulated
- CA8: No standing to challenge GPS already installed in CS’s car he borrowed
- E.D.Mich.: Parole search can occur when parolee not home
- IN: dog sniff outside a hotel room door was reasonable under the state constitution
- MD: Consent to search computer was withdrawn before search
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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: Probation / Parole search
The trial court erred in suppressing the search of defendant’s automobile repair business which was a pervasively regulated business. The search was during the work week during regular hours and was for evidence of compliance with the Motor Vehicle Service … Continue reading
Defendant was on state parole living with his girlfriend, also a defendant. They were out and her mother was their babysitter in the home. Parole came by for a compliance check. The mother let them in. First, the search was … Continue reading
W.D.N.Y.: RS for parole search of house justified by failure to report, curfew and travel violations, and tampering with GPS
A parolee’s “fail[ure] to report to the parole office, staying out past curfew, traveling out of his parole-approved area, and tampering with his GPS monitor” justified a parole search of the home. United States v. Jackson, 2022 U.S. Dist. LEXIS … Continue reading
A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022). “To prevail on a Fourth Amendment claim for false arrest, Johnson must establish … Continue reading
E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in
The “place of residence” for a parole search of an absconder includes a motel room he’s staying in. He also has no standing to challenge a search of a trash can outside the room. United States v. Nichols, 2022 U.S. … Continue reading
Defendant did not abandon the vehicle he was driving with permission of the owner. When officers asked for consent he said it wasn’t his and it was his “baby mama’s” vehicle. Her permission gave him standing. The court disagrees with … Continue reading
Carpenter doesn’t suffice for a successor habeas. Besides, he’d lose on the merits. “Taylor cannot meet the statutory criteria for filing a second or successive habeas corpus petition. First, he does not rely on any newly discovered evidence. Second, ‘the … Continue reading
OH1: No exclusionary rule for this alleged statutory violation for lack of notice of a probation search condition
Defendant’s contention the probation department failed to notify him of his search condition was a statutory violation but there is no exclusionary remedy for that. State v. Hayden, 2022-Ohio-3933, 2022 Ohio App. LEXIS 3721 (1st Dist. Nov. 4, 2022). In … Continue reading
“This appeal presents the question of whether a police officer necessarily violates the Fourth Amendment when he makes an arrest that is prohibited by state law. Relying upon Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. … Continue reading
The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. “The inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support … Continue reading
Defendant signed a consent to parole search form, but the statute says it has to be on reasonable grounds. Here, even if the statute was violated, the exclusionary rule applies to constitutional violations, not statutory ones. State v. Campbell, 2022-Ohio-3626, … Continue reading
Defendant, not on probation, lived with two probationers. POs showed up for a probation search, and when they saw the extent of what they found and had a nonprobationer, they got a search warrant for the rest of the house. … Continue reading
A Gant search incident of a vehicle authorized for open containers of alcohol didn’t permit a more intense search of a plastic “otter box” finding PCP. Smith v. United States, 2022 D.C. App. LEXIS 326 (Sep. 29, 2022). The state … Continue reading
Lack of consent is no defense to a probation search. United States v. Lombardo, 2022 U.S. Dist. LEXIS 173618 (N.D.N.Y. Sep. 20, 2022).* Defendant was detained after furtive gestures. He ultimately voluntarily spoke to the officers. There was no constitutional … Continue reading
D.D.C.: SW for documents permitted search of any place they could be, not just where def said they were
Officers executing a search warrant for evidence of animal abuse in Washington D.C. used a battering ram on the door without waiting for defendant to come to the door. They had a warrant for veterinary documents on the animals and … Continue reading
Public threats against FBI agents involved in the search requires leaving the affidavit for the search warrant under seal. In re Warrant, 2022 U.S. Dist. LEXIS 150388 (S.D. Fla. Aug. 22, 2022). Defendant’s traffic stop was factually based and not … Continue reading
“The evidence demonstrated the vehicle was owned by the rental company, it was leased to someone other than Appellant, the rental agreement had lapsed, and the record does not support Appellant having authorization to use the vehicle. As a result, … Continue reading
Prolonging the traffic stop for further information on defendant’s parole and probation status was unreasonable. It diverted from the traffic stop. United States v. Gould, 2022 U.S. Dist. LEXIS 142915 (N.D. Cal. Aug. 10, 2022). The protective sweep of defendant’s … Continue reading
There no longer was exigency, in part here from the police delay in responding to 911 call, and what was observed was innocuous. No exigency on the totality. Cotten v. Miller, 2022 U.S. Dist. LEXIS 139360 (D. Minn. Aug. 5, … Continue reading