- 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
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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: Reasonableness
CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not
This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):
Defendant’s argument that an Alabama statute on obstructed license plates could not apply to nonresident license plates was subject to reasonable mistake of fact or law under Heien. United States v. Braddy, 19-12823 (11th Cir. Aug. 31, 2021). The Los … Continue reading
CA8: Usually no REP in car carried by car hauler even to owner, and here there was nothing showing REP
“During a safety inspection of a semi transporting three vehicles, an officer found about 40 pounds of meth in a Ford Explorer. Sierra-Serrano wants to suppress those drugs, arguing that the search violated the Fourth Amendment. But because Sierra did … Continue reading
Nearly three year delay between seizure of defendant’s cell phone and electronics and their search was not unreasonable here where defendant was in jail throughout and thus he had a far diminished possessory interest. Nelson v. State, S21A0773 (Ga. Sept. … Continue reading
An order to get out of a car does not unreasonably prolong the stop. United States v. Malone, 2021 U.S. App. LEXIS 26136 (10th Cir. Aug. 30, 2021). Summarizing the law:
CA8: 38 seconds of additional questions of passenger while ticket being written didn’t unreasonably extend stop
The second officer on the scene did not materially extend the stop by 38 seconds of additional questioning of the passenger while the first officer was writing a ticket. United States v. Salkil, 2021 U.S. App. LEXIS 25511 (8th Cir. … Continue reading
Dog sniff occurred here during the initial ordinary incidents of the traffic stop and writing a ticket so it didn’t extend the stop. United States v. Junkins, 2021 U.S. App. LEXIS 24174 (4th Cir. Aug. 13, 2021). Defendant’s vehicle was … Continue reading
E.D.N.C.: The fact the search violated the state constitution isn’t a factor on legality of the search in federal case
In a federal criminal case, the fact the search violated the state constitution isn’t a factor on legality of the search under the Fourth Amendment. United States v. Breeden, 2021 U.S. Dist. LEXIS 145729 (E.D.N.C. Aug. 4, 2021). Various factors … Continue reading
M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation
Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading
NJ declines to adopt a reasonable mistake of law justification for an automobile stop and resulting search. At issue was a traffic law barring license plate frames that cover information on the plate that resulted in 100,000 stops per year. … Continue reading
OH1: Years old info of drug dealing coupled with current trash pull showing drug use was clearly stale; no GFE
Years old information of drug dealing in another county coupled with a trash pull of recent drug use (not trafficking) was stale, and the search warrant was clearly lacking probable cause. Therefore, the good faith exception does not apply. State … Continue reading
Police raided the wrong house and got sued. Summary judgment is denied. The supervising officer and others there knew within one minute they had the wrong house, but they continued and kept plaintiff handcuffed. And nobody in the raiding party … Continue reading
“A seizure reasonable at its inception because it is based upon probable cause may become unreasonable as a result of its duration. The duration of the seizure pending the issuance of a search warrant must still be reasonable, and reasonableness … Continue reading
Whether failure to signal while exiting a roundabout is a traffic offense is a valid reason for a stop or not, it was reasonable for the officer to conclude it was, and that justifies the stop under Heien. City of … Continue reading
Defendant’s side-of-the-road groin search and the reach into his underwear for a ball of drugs was reasonable on the totality. Brown v. Kazmierski, 2021 U.S. App. LEXIS 19962 (7th Cir. July 6, 2021):
D.Idaho: Officer can inquire of passenger’s history when contemplating turning over vehicle to passenger on driver’s arrest
“This case presents what appears to be an issue of first impression: Whether, following Rodriguez and Landeros, an officer who has reasonable suspicion that the driver of a vehicle has committed an arrestable offense (as opposed to a traffic infraction) … Continue reading
“At most, Gowen’s assertion about the similarity of the smells of hemp and marijuana calls into question the reasonableness of the officer’s belief that he smelled burnt marijuana. Assuming for purposes of this appeal that Gowen’s assertion is correct (even … Continue reading
“The officer’s order to step out of the vehicle and his directive to stand by the patrol car were reasonable under the Fourth Amendment. See Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977) (per curiam). The officer lawfully initiated the … Continue reading