- MT: Welfare check of car was reasonable, but extending it was without RS
- OH12: Dog alert on car and def’s person didn’t justify strip search
- ID: Not unreasonable to check wants and warrants on passenger during a traffic stop
- CA6: A minimal showing of nexus is enough for GFE even where PC is lacking
- CA9: Mandated GPS tracking of e-scooters not 4A violation
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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: Attenuation
“We therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a ‘seizure’ for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause to … Continue reading
Evidence supporting defendant’s charges was admissible under the attenuation doctrine. His flight and the circumstances surrounding his flight broke the causal connection between the alleged unlawful police conduct and the evidence supporting his charges. Also, where the trial court denied … Continue reading
Even assuming the exclusionary rule applies to the SEC in this case, the attenuation doctrine applies. There is no direct or indirect evidence derived from the SEC’s action. As to the direct, “The Court finds that, even if the exclusionary … Continue reading
When being arrested, defendant pulled away from officers in his room and dove for his bed and reached under a pillow. Officers thought he was going for a gun, and a melee ensued. He was charged with assault and resisting … Continue reading
The district court erred by analyzing the search as attenuation when it should have been inevitable discovery, and that’s on the lawyers for not having filed adequate briefs. The court gives a thorough and helpful explanation of both and how … Continue reading
TX2: Unlawful stop-and-frisk leads to suppression of patdown and search and abandonment during flight
Defendant’s stop was without reasonable suspicion. His alleged consent was not voluntary and his flight and abandonment were not attenuated but were caused by the illegal stop and frisk. Massey v. State, 2021 Tex. App. LEXIS 9820 (Tex. App. – … Continue reading
Defendant was arrested after NCIS forced entry into his barracks room arresting him at gunpoint coming out of the shower for allegations of sexual conversations with an minor. NCIS seized his cell phone without a search authorization. Ultimately, his cell … Continue reading
Defendant was stopped for a traffic offense, and defendant was on bond from a pending case. The officer decided to inquire into defendant was in compliance with the bond terms. That exceeded the normal incidents of a traffic stop. State … Continue reading
D.Maine: Officer’s subjective motivations for crime fighting didn’t make an otherwise reasonable traffic stop unreasonable
The state trooper that stopped defendant for an objective traffic violation apparently had subjective motivation to look for other crimes, but his subjective motives aren’t determinative of anything. United States v. Fagan, 2021 U.S. Dist. LEXIS 141949 (D. Maine July … Continue reading
The patdown of defendant was manifestly unreasonable, and defendant’s flight was thereafter. The exclusionary rule should be applied to this. Johnson v. United States, 2021 D.C. App. LEXIS 187 (July 15, 2021):
Defendant was seen at 4 am apparently casing cars in San Diego in a neighborhood where people were never on the street at that hour. The stop was based on a mere hunch, but it produced an outstanding warrant. “Although … Continue reading
A police officer’s admission at trial that the affidavit for search warrant was ghostwritten for him didn’t show a Franks violation because there clearly was probable cause. United States v. Ware, 2021 U.S. App. LEXIS 16568 (3d Cir. June 3, … Continue reading
Unverified belief there was an arrest warrant for defendant required that the arrest and search be suppressed. State v. Pines, 2021 Wash. App. LEXIS 1223 (May 17, 2021). “Here, while the record is unclear as to when the outstanding warrant … Continue reading
Defendant was stopped on his bicycle for no headlight, and that led to finding an arrest warrant for him. Under Strieff, the legality of the stop becomes almost irrelevant to the search incident for the arrest warrant as attenuated. State … Continue reading
CA8: While the stated reason for the stop was maybe legally erroneous, there was a valid unstated alternative basis
Officers stated an improper lane change as their basis for a stop, but it might not have been illegal under Nebraska law. However, they already had reason to believe the registration on the vehicle was lapsed, and that’s a proper … Continue reading
When the object of a search is clothing worn during a robbery, there is nexus to defendant’s home. United States v. Ross, 2021 U.S. App. LEXIS 7701 (3d Cir. Mar. 17, 2021). Defendant answered the officer’s knock on the door … Continue reading
Defendant could be detained during the search of his house under a warrant. When he got up off the floor, there was a key fob underneath him, and he denied it was his. The officers used the panic button to … Continue reading
The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading
Defendant’s misdemeanor vandalism arrest while officers were inside his house was reasonable under the Fourth Amendment. Common law on misdemeanor arrests applies, too. United States v. Barajas, 2021 U.S. Dist. LEXIS 21651 (N.D. Cal. Feb. 4, 2021). Defendant was convicted … Continue reading