- N.D.Ga.: PC shown for cell phone and geo-location data
- E.D.Tenn.: Def first refused consent to DNA then sought it; initial refusal not excluded
- Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment
- Reason: How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
- WA: Prior knowledge of arrest warrant became stale
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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: Community caretaking function
Defendant’s car on his arrest would have been left on a motel parking lot, and the government didn’t show that this was a reasonable choice. Impoundment was thus unnecessary for community caretaking, and the denial of the motion to suppress … Continue reading
N.-M.: “Health and welfare” check justification for search of off-base housing was shown in IAC claim to be subterfuge
Defense counsel was ineffective for not raising the issue that the “health and welfare” check justification for searching his off-base housing was really a subterfuge for a criminal search. United States v. McCall, 2021 CCA LEXIS 206 (N.-M. Ct. Crim. … Continue reading
ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home
ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:
Defendant was wanted for assault and found at an Indian casino hotel on a reservation. They took him into custody and towed his vehicle. The search of his hotel room and vehicle by search warrants was reasonable and respected tribal … Continue reading
CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need
Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. People v. Thomas, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021). Syllabus by … Continue reading
Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading
Reason: SCOTUS To Decide if Cops Need More ‘Elbow Room’ To Conduct Certain Warrantless Home Searches
Reason: SCOTUS To Decide if Cops Need More ‘Elbow Room’ To Conduct Certain Warrantless Home Searches by Damon Root (“A new case tests the limits of the “community caretaking exception” to the Fourth Amendment.”)
Stop and frisk are separate questions in their justification and scope, citing Terry. People v. Baker, 2020 IL App (2d) 180300, 2020 Ill. App. LEXIS 880 (Dec. 22, 2020). Police came for a wellness check on defendant’s mother. The search … Continue reading
D.Md.: Taking driver’s cell phone with DL during traffic stop unreasonably extended stop and violated 4A
Taking defendant’s cell phone with DL during a traffic stop unreasonably extended the stop and was in excess of the purpose of a traffic stop. United States v. Morganstern, 2020 U.S. Dist. LEXIS 240746 (D. Me. Dec. 22, 2020). A … Continue reading
OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function
Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading
SCOTUS: Cert grant: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.”
Caniglia v. Strom, 20-157 (ScotusBlog): Issue: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.
The emergency aid exception applied: “Officer Brown searched Smith’s purse seeking Smith’s identity and any information that would explain the nature of Smith’s condition and the best means of treating it. When the officer made this decision, the paramedics were … Continue reading
Google found child pornography in emails and submitted them to NCMEC. This was a private search (which is explained in detail). It is no different than the search in Jacobsen. People v. Wilson, 2020 Cal. App. LEXIS 976 (4th Dist. … Continue reading
The search warrant here for swabbing defendant’s door for an ion scan to determine presence of drugs didn’t describe what the ion scan would show. The existence of case law from at least 1999 supporting ion scan warrants satisfies good … Continue reading
The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death. by Natasha Lennard (“The killing of Sandy Guardiola at the hands of a cop illustrates the limitations of brutal, armed police responding to community … Continue reading
WI: Impoundment of car because def was merely ticketed for not having a valid license was unreasonable
Defendant was stopped for speeding, and he was found without a license. The police didn’t arrest him, just ticketed him. Impounding his car and inventorying it was unreasonable under the circumstances, and this was not a reasonable exercise of the … Continue reading
Not precisely following CHP policy in filing out the inventory papers didn’t per se make the inventory search unreasonable. United States v. Magdirila, 2020 U.S. App. LEXIS 19477 (9th Cir. June 23, 2020). The community caretaking function of police permitted … Continue reading
KY: Criminal history check during traffic stop is reasonable; the officer needs to know who he or she is dealing with
The stop had not concluded, and it wasn’t unreasonably extended by the officer. Criminal history checks are reasonable. “Accordingly, the officer may take reasonable steps to ascertain whether the persons with whom he is dealing might be dangerous. To this … Continue reading