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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
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© 2003-22,
online since Feb. 24, 2003 Approx. 350,000 visits (non-robot) since 2012 Approx. 40,000 posts since 2003~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
citations, and linksLatest Slip Opinions:
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To search Search and Seizure on Lexis.com $Research Links:
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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
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NACDL’s Domestic Drone Information Center
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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"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!”
"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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Category Archives: Cell phones
D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms
A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading
D.Minn.: Court won’t enjoin investigation after SW on ptf’s cell phone
Plaintiff can’t get access to search warrant papers yet because of an ongoing investigation. Second, the court won’t enjoin the use of the information from his seized telephone or order its return because of the ongoing investigation. Lindell v. United … Continue reading
D.Me.: DEA could subpoena records investigating robbery of a marijuana dispensary
The DEA’s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. … Continue reading
ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation
Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading
D.S.D.: Traffic stop immediately moved into being a drug investigation without RS and was unreasonable
Defendant’s stop was for not having an LPN and a cracked windshield. There was a temporary permit for the vehicle and the crack wasn’t obstructing vision. Bringing in a drug dog for a sniff of car was unreasonable. The officer … Continue reading
D.D.C.: In motion to withdraw plea, waived motion to suppress was arguable and IAC
Here, failure to file a motion to suppress on the obtaining defendant’s passcode for his cell phone was ineffective assistance of counsel. At this point, it was debatable, and it should have been raised. The government had the phones, and … Continue reading
VI: Anonymous tip given observing altercation was sufficient for stop when substantially corroborated at scene
The detailed anonymous tip here was sufficient to support a stop when it was substantially corroborated at the scene. The caller observed an altercation in real time and described the two vehicles involved. It was at the top of a … Continue reading
N.D.Ind.: Question is not actual reliability of police database, it is reasonableness of reliance on it
“As soon as [the officer] accessed [the database from the police car], he saw an alert suggesting that Defendant was armed. Defendant argues that Davis could not be sure of the accuracy of this information, but that hardly matters. Reasonable … Continue reading
IA: Breaking cell phone in half and throwing it out window of moving car shows abandonment
Removing a cell phone’s battery, breaking the phone in half, and throwing it out the window of a moving car is indicative of abandonment. State v. Hurdel, 2022 Iowa App. LEXIS 784 (Oct. 19, 2022). “While this [KC ordinance] provision … Continue reading
M.D.Pa.: 14 yo kidnapping victim’s 911 call created exigency for def’s cell phone seizure
A 14-year-old kidnapping victim called 911 that she was taken three days earlier, and defendant was finally detained as a result. His phone was seized and a warrant obtained. The seizure of the warrant was reasonable based on all the … Continue reading
D.P.R.: “A motion to suppress is not a discovery tool.”
Defendant’s motion to suppress searches of cell phones is denied because he doesn’t show any standing in the phones that were searched. “A motion to suppress is not a discovery tool. Without a basic factual premise, the Court cannot discern … Continue reading
OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary
Defendant’s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. … Continue reading
CA6: District Court cannot order search of juror’s cell phone to investigate alleged juror misconduct
In a hearing on alleged juror misconduct, the district court cannot order the juror’s cell phone to be searched for evidence of what happened. In re Sittenfeld, 2022 U.S. App. LEXIS 26700 (6th Cir. Sep. 23, 2022). Plaintiff’s complaint against … Continue reading
techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will
techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will by Tim Cushing:
D.Ariz.: Following for 30 miles not a seizure
Following defendant for 30 miles is not a seizure. Finally, there was a consensual encounter. The R&R found it not; the USDJ disagrees. United States v. Ramos, 2022 U.S. Dist. LEXIS 166913 (D. Ariz. Sep. 14, 2022).* 2½ months isn’t … Continue reading
WaPo: Customs officials have copied Americans’ phone data at massive scale
WaPo: Customs officials have copied Americans’ phone data at massive scale by Drew Harwell (“Contacts, call logs, messages and photos from up to 10,000 travelers’ phones are saved to a government database every year.”)https://www.washingtonpost.com/technology/2022/09/15/government-surveillance-database-dhs/ And weren’t we told when this … Continue reading
CA11: Cell phone search mistakenly without a warrant still saved by GFE
Defendant was convicted of Hobbs Act robbery, and his cell phone was used against him after it was left in the borrowed getaway car. The cell phone was searched mistakenly without a warrant. When the officer discovered he forgot a … Continue reading
