- Reason: Volokh Conspiracy: Restrictions on Interstate (and Intrastate) Travel in an Epidemic
- CA6: Trash pulls not unreasonable despite local ordinance that only trash collectors permitted in trash
- CA5: 10 am knock-and-talk didn’t violate Jardines
- CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez
- OR: Asking about drugs in car during an “unavoidable lull” in traffic stop was unreasonable under state constitution
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 25k posts since 2003
Fourth Amendment cases,
citations, and links
Latest Slip Opinions:
U.S. Supreme Court (Home)
Federal Appellate Courts Opinions
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)
Advanced Google Scholar
Google search tips
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $
S. Ct. Docket
Solicitor General's site
Briefs online (but no amicus briefs)
Oyez Project (NWU)
"On the Docket"–Medill
S.Ct. Monitor: Law.com
S.Ct. Com't'ry: Law.com
General (many free):
Google Scholar | Google
LexisOne Legal Website Directory
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com (4th Amd)
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
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."
“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
Category Archives: Warrant requirement
No weapon had been involved in a robbery the police were investigating, and they knew defendant wasn’t the robber. When they approached and he felt his waistband and pockets, they didn’t have reasonable suspicion. Townsend v. State, 2020 Fla. App. … Continue reading
An email search warrant signed by the issuing judge on a tablet with the SignNow app was valid. United States v. Lantzy, 2020 U.S. Dist. LEXIS 50057 (E.D. Mich. Mar. 24, 2020). “We conclude that the circumstances here were such … Continue reading
Two search warrants were issued May 28 & 29, 2019. They were both issued with probable cause, they weren’t stale, and the second did not supersede the first. No case supports this latter argument. United States v. Atkins, 2020 U.S. … Continue reading
MT: Mandamus to get SW materials from 1998 denied for complete failure to comply with mandamus statute
Mandamus to get search warrant materials from 1998 denied: “Insua’s instant petition is lacking because it does not conform to Montana statutes. He has not filed a verified petition or included an affidavit, pursuant to § 27-26-201, MCA. Insua has … Continue reading
Pro se prisoner’s complaint against the search warrant process in Georgia fails for a multitude of reasons and is legally frivolous. State law on search warrant does not conflict with federal law and he doesn’t sufficiently allege that the issuing … Continue reading
The New Mexico metropolitan court had jurisdiction to issue search warrants even though it had no general jurisdiction over felony cases. A state issued search warrant doesn’t need to comply with Rule 41; it only need comply with the Fourth … Continue reading
Defendant was observed doing four controlled buys, and he went back to his girlfriend’s house in her car each time. “Defendant contends that the affidavit lacked probable cause because it did not state who owned the Residence, whether Defendant lived … Continue reading
There was a typo in the affidavit for search warrant for emails, and the government procured another. The typo wasn’t even material because a “common sense” reading of the whole affidavit shows it was typographical error that could be overcome. … Continue reading
WA: Affidavit and SW didn’t need to specify statutes of crimes under investigation when it was apparent it was murder
The search warrant of defendant’s place for trace evidence of a dead body rather than the body itself was reasonable because the police had information that the body had been burned in a fire pit. In addition, the affidavit and … Continue reading
The fact one officer swore to an affidavit prepared by another on the other’s knowledge is not a constitutional violation. Moreover, the good faith exception applies. United States v. Parrish, 2019 U.S. Dist. LEXIS 178155 (N.D. W.Va. Oct. 15, 2019). … Continue reading
An emergency family court order to take custody of children satisfied the warrant requirement of the Fourth Amendment. “The April 6, 2017 order is equivalent to a warrant satisfying the Fourth Amendment. See Gates v. Tex. Dept. of Prot. & … Continue reading