- W.D.Mo.: ER’s security staff conducts private searches of GSW victims
- IA: Trespassing on RR property was RS for stop
- CA9: Going directly into pockets exceeded frisk power
- CA6: Excessive force “assault” claim under § 1983 doesn’t necessarily require contact
- N.D.Ga.: PC shown for cell phone and geo-location data
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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: Scope of search
Not having a license plate justified defendant’s stop and then running names. Commonwealth v. Malloy, 2021 PA Super 90, 2021 Pa. Super. LEXIS 278 (May 7, 2021). The backup light being on while driving justifies a stop. People v. Ambrose, … Continue reading
When heroin and cash were found in the search of a car based on the smell of marijuana, seizure of a notebook was reasonable. The notebook was limited information compared to a cell phone. United States v. Pierre, 2021 U.S. … Continue reading
A search warrant for drug proceeds properly included jewelry that the officer, in his experience, believed drug traffickers converted cash to. United States v. Thomas, 2021 U.S. Dist. LEXIS 65553 (W.D. Pa. Apr. 5, 2021). The officer here saw a … Continue reading
A search of both halves of a duplex under a search warrant for one was unreasonable and had to be suppressed. State v. Lyons, 2021 Conn. App. LEXIS 100 (Mar. 30, 2021). Defense counsel wasn’t ineffective for not challenging the … Continue reading
TX3: No “sua sponte duty” in trial court to suppress evidence that the defense didn’t move to suppress
The trial court has no “sua sponte duty” to suppress evidence that the defense didn’t move to suppress. Chila v. State, 2020 Tex. App. LEXIS 10219 (Tex. App. – Austin Dec. 23, 2020). Police along with USMs entered defendant’s place … Continue reading
Probable cause that a vehicle had open containers in it permitted a search of the locked glove compartment because it was a place where an open container could be. People v. McGhee, 2020 IL App (3d) 180349, 2020 Ill. App. … Continue reading
E.D.Pa.: When dwelling was found to be multi-unit, the search was limited to the proper one; ER should not be applied because the officer acted in complete good faith
Defendant failed to make a substantial preliminary showing for Franks purposes that the officer recklessly disregarded the fact there could be two residential units in the building he was seeking the search warrant for. He reviewed property records and Google … Continue reading
“Upon en banc consideration, we uphold the conclusion reached in Franklin, and reiterate that the heightened standard set forth in Farris does not apply to searches conducted within the passenger compartment of a vehicle. Consistent with the confines of Farris, … Continue reading
The search warrant for taking defendant’s blood included the ability to forensically test it. The fact that the forensic analysis of defendant’s blood occurred at a date beyond the three-day window for execution of the warrant did not render the … Continue reading
D.Idaho: Even if smell of MJ only justifies search of passenger compartment, finding nothing extends it to trunk
Defendant argues that the smell of marijuana during a traffic stop only permitted a search of the passenger compartment of his vehicle. When the officer didn’t find any marijuana there, it was justified to search the trunk. United States v. … Continue reading
Officers had a warrant for defendant’s house and any cars parked there, but defendant wasn’t home. Using a ruse of a burglary having happened, they lured him home so they could search the car. The search of the car was … Continue reading
CA8: Def’s pickup truck was involved in a shooting, and the officers developed PC that evidence would be in it or his house where it was parked
Surveillance video at the scene gave probable cause to believe that defendant’s pickup truck was involved in a shooting, and other physical evidence of the shooting hadn’t yet been found. “The address for Flournoy and Davis was a different unit … Continue reading
The search warrant authorized a search of a safe in a house even though the room it was in wasn’t occupied by the target of the search. The search warrant wasn’t stale because the drug activities it refers to were … Continue reading
The City of Springfield mask ordinance does not violate, inter alia, the Fourth Amendment right to privacy. Shelton v. City of Springfield, 6:20-cv-03258 (W.D. Mo. Sept. 2, 2020). “In specifically detailing the criminal conduct under investigation, the search warrants provide … Continue reading
The search of defendant’s cell phone did not unreasonably exceed the search warrant for it which was necessarily broad. “As a threshold matter, the search did not exceed the scope of the warrant. Without contesting the validity of the warrant … Continue reading
“Based on these facts, it was not unreasonable for law enforcement to believe there was probable cause that evidence of the scheme would be found at Traore’s residence nearly a year after the bank account was last accessed from his … Continue reading