- 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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Monthly Archives: June 2020
A pole camera observing the front of defendant’s house for seven weeks was reasonable. United States v. Bronner, 2020 U.S. Dist. LEXIS 113076 (M.D. Fla. May 18, 2020):
Stopping defendant for mere curiosity to get his name and then run warrants was an unreasonable stop. When a warrant came up, it wasn’t attenuated under Strieff. “Here, Officer Hernandez testified that it was his practice when working the night … Continue reading
FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule
FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading
D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable
“In short, and as explained below, the Court finds that Leake’s stance in the corner of the laundry room was suspicious, and that upon approaching him, Officer Pantaleon observed Leake holding a small clear plastic baggie containing a powder-like substance. … Continue reading
Feeling a weapon during a patdown allows the officer to go beyond the outer clothing to retrieve it. United States v. Hightower, 2020 U.S. Dist. LEXIS 112557 (E.D. N.Y. June 26, 2020). Defendant stopped his vehicle in an intersection where … Continue reading
W.D.Tex.: State officer’s alleged 4A violation doesn’t permit removal of criminal case to federal court
Defendants removed their state criminal cases to federal court under 28 U.S.C. § 1443 based on claimed search and seizure issues. This isn’t a proper ground to remove, and they have a state law remedy. Texas v. Calzada, 2020 U.S. … Continue reading
“Approximately twenty minutes after Jacobs fled on foot, the police noticed Gilmore driving away from the neighborhood where the robbery occurred. At the time of the stop, Gilmore’s car was the only car on the road. Once the stop lawfully … 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
On this record, the second Tasing of plaintiff could be found unreasonable for lack of resistance, which the jury did. Jones v. Treubig, 2020 U.S. App. LEXIS 19883 (2d Cir. June 26, 2020). The search under defendant’s consent for “firearms/evidence” … 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
The collective knowledge doctrine applies to traffic stops. United States v. Murray, 2020 U.S. Dist. LEXIS 111040 (S.D. Ohio June 24, 2020). “Applying this [deferential] standard of review to the warrant application, the Court has reviewed the application and finds … Continue reading
“The defendant has presented no case law supporting his proposition that the target of a search warrant has a right to have counsel present during the execution of a warrant. The officers executed a warrant to search the defendant’s cell … Continue reading
“Defendant’s objections do not address the Magistrate’s analysis or conclusions regarding Grounds 11 and 15. Instead, Defendant vaguely asserts that his counsel should have challenged the ‘validity of [the] evidence[.]’ (DE 406 at 7.) Defendant provides no basis to challenge … Continue reading
The city failed in its burden of proof for seizure for forfeiture that the owner was aware. Matter of Smith v. City of New York, 2020 NY Slip Op 03600, 2020 N.Y. App. Div. LEXIS 3687 (1st Dept. June 25, … Continue reading
“In the appeal, Macias argued against the application of the good-faith exception, claiming that the magistrate’s conduct showed he had abandoned impartiality or was unable to act in a neutral and detached manner. … However, to warrant exclusion of the … Continue reading
Despite the pandemic and court closures, arrestees are entitled to a prompt judicial determination of probable cause under Gerstein. Bullock v. Superior Court, 2020 Cal. App. LEXIS 575 (1st Dist. June 24, 2020). During a search of defendant’s house under … Continue reading
The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading
Pleading and litigating a motion to suppress in the trial court that the officers lacked an arrest warrant or an exception waived his appellate claim of a lack of probable cause. People v. Montes, 2020 IL App (2d) 180565, 2020 … Continue reading
AP: Michigan voters to decide on data protections in November election (“A state constitutional amendment to designate electronic communication and data as personal property has made it onto the November ballot. If passed, the amendment would put the same protections … Continue reading