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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16)
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book
www.johnwesleyhall.com© 2003-19,
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 25k posts since 2003~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
citations, and linksLatest Slip Opinions:
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Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts
Military Courts: C.A.A.F., Army, AF, N-M, CG, SF
State courts (and some USDC opinions)
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To search Search and Seizure on Lexis.com $Research Links:
Supreme Court:
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Solicitor General's site
SCOTUSreport
Briefs online (but no amicus briefs)
Oyez Project (NWU)
"On the Docket"–Medill
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General (many free):
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Lexis.com $
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Westlaw.com $
F.R.Crim.P. 41
www.fd.org
Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
DOJ Computer Search Manual (2009) (pdf)
Stringrays (ACLU No. Cal.) (pdf)
Congressional Research Service:
--Electronic Communications Privacy Act (2012)
--Overview of the Electronic Communications Privacy Act (2012)
--Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)
ACLU on privacy
Privacy Foundation
Electronic Frontier Foundation
NACDL’s Domestic Drone Information Center
Electronic Privacy Information Center
Criminal Appeal (post-conviction) (9th Cir.)
Section 1983 Blog"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me“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)
Website design by Wally Waller, Little Rock
2017 ABA Journal Web 100
Category Archives: Uncategorized
The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges
The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges by Colin Lecher:
W.D.Wash.: State’s response to a public records request wasn’t a search of plaintiff’s records
The state’s responding to a legitimate public records request under state law did not conduct a Fourth Amendment search of plaintiff’s records that came within its purview. Dalessio v. Univ. of Wash., 2019 U.S. Dist. LEXIS 21907 (W.D. Wash. Feb. … Continue reading
Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid
Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid by Jacob Sullum: Even if Dennis Tuttle and Rhogena Nicholas were selling heroin out of their house, the government’s violent response cannot be morally justified.
N.D.Ind.: It’s settled one can’t relitigate merits of 4A claim via 2254 habeas
This 2254 is merely an attempt to relitigate his Fourth Amendment claim in habeas, and thus it’s barred. “In his traverse, Thomas has not argued or attempted to demonstrate that there was a subversion of the hearing process in state … Continue reading
CA9: The federal appropriation statute against prosecution in MMJ cases is not an immunity from SW
In the face of the state’s medical marijuana law, the search warrant for defendant’s property was based on federal law not state law. The federal appropriations clause against prosecution in medical marijuana cases is not immunity. “The two cases that … Continue reading
CA5: 9 day delay in getting SW for cell phone wasn’t unreasonable
The search warrant reasonably authorized seizure of defendant’s cell phone but not its search. The nine day delay in getting the search warrant for the phone was not unreasonable. The court declines to adopt a bright line rule and goes … Continue reading
D.Minn.: Interesting application of “clearly established law” prong of 2254(d) and a state court’s resolution of a search claim
As Orin Kerr would say: This is for habeas nerds: An interesting and straight-forward application of the alleged violation of the “clearly established law” prong of 2254(d) and a state court’s resolution of a search claim is Horst v. Roy, … Continue reading
Lexology: Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology
Lexology: Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology by Brian Willett
ABAJ: How to redact a PDF and protect your clients
ABAJ: How to redact a PDF and protect your clients by Jason Tashea:
Two on successor habeas petitions with search claims
Alleged withheld information of a Franks nature that undermines the search and defendant’s guilty plea was still barred as a successor petition. United States v. Hayes, 2019 U.S. Dist. LEXIS 1516 (W.D. Va. Jan. 4, 2019).* Petitioner’s search claim was … Continue reading
Treatise on sale through 1/2
Book (all Lexis books, apparently) on sale for 31% off through 1/2 midnight PT.
TN: Implied consent law doesn’t violate right to a warrant under religious liberty
Defendant’s sovereign citizen claim the state DUI implied consent violated his religious liberty without a warrant and right to travel is rejected. How does religion figure into it? State v. Simmons, 2018 Tenn. App. LEXIS 755 (Dec. 21, 2018).* Sovereign … Continue reading
