- W.D.Mo.: 26 day delay in getting cell phone SW wasn’t unreasonable
- N.D.Cal.: Prolonging traffic stop to inquire of probation or parole status unreasonable
- W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply
- NY2: Search of wallet during a frisk unreasonable
- CA4: Avoid “divide-and-conquer” reasoning on RS and PC
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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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Daily Archives: February 3, 2022
Reason: A SWAT Team Wrongfully Raided Her Home. Now Cops Say Footage From the Raid Is Private Since No One Was Killed.
Reason: A SWAT Team Wrongfully Raided Her Home. Now Cops Say Footage From the Raid Is Private Since No One Was Killed, by Elizabeth Nolan Brown (“In May 2020, a SWAT team burst into the Raleigh, North Carolina, home that … Continue reading
The Texas exclusionary rule is statutory and not a constitutional remedy since 1922. Thus, harmless error analysis is required, and the case remanded for that. Holder v. State, 2022 Tex. Crim. App. LEXIS 72 (Feb. 2, 2022). “Accordingly, under the … Continue reading
Defendant objected at trial to admission of evidence, but it was not a timely motion to suppress. It is waived. State v. Draughon, 2022-NCCOA-58, 2022 N.C. App. LEXIS 53 (Feb. 1, 2022). Defense counsel wasn’t ineffective for not moving to … Continue reading
This 17-day delay in holding a package for investigation and developing probable cause for a search warrant was not unreasonable. There was reasonable suspicion for the initial detention, and, despite the delay, it was still reasonable. United States v. Martinez, … Continue reading
Officers had defendant’s cell phone for nearly six years from 2015 to 2020, and he was in custody for much of the time. Searching the cell phone six years after seizure was unreasonable. United States v. Briscoe, 2022 U.S. Dist. … Continue reading
USMJ’s report is rejected in part. On the reasonable suspicion finding: “Here, the government relies on several factors to establish reasonable suspicion. The court has found that some of these factors, such as the visibly pulsing heartbeat and rapid breathing, … Continue reading
Defendant’s move within his lane was clearly not a violation of the lane change statute, so the stop based on that was not objectively reasonable. The product of the stop is suppressed. People v. Jackson, 2022 IL App (3d) 190621, … Continue reading
W.D.Okla.: Whether 14A or 4A applies to ptf’s excessive force claim on arrest before PC found by judicial officer, result the same
Plaintiff’s excessive force claim occurred after arrest but before a judicial determination of probable cause. “If so, Mr. Willis would not have been a pretrial detainee for purposes of Plaintiff’s excessive force claim. However, because the parties characterize him as … Continue reading
NM: Dismissal of § 1983 excessive force case was not collateral estoppel for a state tort claims act case
Dismissal of a § 1983 excessive force case in federal court was not collateral estoppel for a state case under the state tort claims act. Hernandez v. Parker, 2022 N.M. App. LEXIS 5 (Feb. 1, 2022). Extending this stop was … Continue reading