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- D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence
- WaPo: These cities bar facial recognition tech. Police still found ways to access it.
- C.D.Cal.: SW materials in case with weighty public interest ordered unsealed
- DC: Accepting a law license is consent to trust account subpoenas
- AR: RS def rented a hotel room was sufficient for search waiver; PC not required
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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
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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 -
© 2003-24,
online since Feb. 24, 2003 Approx. 425,000 visits (non-robot) since 2012 Approx. 45,000 posts since 2003 (26,730+ on WordPress as of 12/31/23) -
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Fourth Amendment cases,
citations, and links -
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Federal Law Enforcement Training Center Resources
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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)
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Section 1983 Blog -
"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me -
"Life is not a matter of holding good cards, but of playing a poor hand well."
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others) -
“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 -
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848) -
"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!”
---Pepé Le Pew "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."
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)
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Category Archives: Immigration arrests
KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana
KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana by David Taube:
Vice: ICE Agents Should Know the Law, but They’re Fine with Warrantless Raids
Vice: ICE Agents Should Know the Law, but They’re Fine with Warrantless Raids by Eoin Higgins: A leaked training manual says officers should be familiar with Fourth Amendment procedures. So what explains their aggressive actions on a New York farm?
WNYC: The U.S. Citizens ICE Wants to Deport
WNYC: The U.S. Citizens ICE Wants to Deport, hosted by Hari Kondabolu
CA5: TX sanctuary cities law is not enjoined pending trial; law not shown unconstitutional in all its applications
Texas’s sanctuary cities law (SB4) is not enjoined pending trial. Plaintiffs do not show that the law is unconstitutional in all its applications. City of El Cenizo, Texas v. State of Texas, 17-50762 (5th Cir. Mar. 13, 2018):
HuffPo: Trump’s Anti-Immigration Machine Is Chipping Away At The Fourth Amendment
HuffPo: Trump’s Anti-Immigration Machine Is Chipping Away At The Fourth Amendment by Cesar Vargas: Now as president with the power to direct actions by the Department of Homeland Security, which oversees our nation’s border and immigration policies, he is exploiting … Continue reading
The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges
The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges by Eoin Higgins:
The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges
The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges by Eoin Higgins:
Newsweek: Police Who Help ICE Detain Undocumented Immigrants Could Be ‘Violating Fourth Amendment,’ Experts Say
Newsweek: Police Who Help ICE Detain Undocumented Immigrants Could Be ‘Violating Fourth Amendment,’ Experts Say by Chantal Da Silva: When Wilson Rodriguez Macarreno called 911 after hearing an intruder outside his family home, the last thing he expected was that … Continue reading
NYTimes: ICE’s Courthouse Arrests Undercut Democracy
NYTimes: ICE’s Courthouse Arrests Undercut Democracy by César Cuauhtémoc and García Hernández:
Two on RS for immigration stops on RS
The Brignoni-Ponce factors on the totality showed reasonable suspicion. Defendant’s attempt to isolate the factors and provide innocent explanations for all doesn’t work because of Arvizu: there is still reasonable suspicion on the totality. United States v. Rivero, 2017 U.S. … Continue reading
Chron.com: Appeals court: Portions of Texas ‘sanctuary city’ law can take effect
Chron.com: Appeals court: Portions of Texas ‘sanctuary city’ law can take effect by Mike Ward:
arstechnica: ICE: We don’t use stingrays to locate undocumented immigrants
arstechnica: ICE: We don’t use stingrays to locate undocumented immigrants by Cyrus Farivar: The acting head of Immigration and Customs Enforcement (ICE), the federal agency charged with deportations, has confirmed in a new letter that it does not use cell-site … Continue reading
NYTimes: Trump Administration Moves to Expand Deportation Dragnet to Jails
NYTimes: Trump Administration Moves to Expand Deportation Dragnet to Jails by Caitlin Dickerson ABAJ: Plan would designate sheriffs as ICE contractors in bid to bypass Fourth Amendment court decisions By Debra Cassens Weiss They already are yanking defendants awaiting trial … Continue reading