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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© 2003-21,
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. about 35,000 posts since 2003~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
citations, and linksLatest Slip Opinions:
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FDsys, many district courts, other federal courts
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To search Search and Seizure on Lexis.com $Research Links:
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Briefs online (but no amicus briefs)
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General (many free):
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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
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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"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: Arrest or entry on arrest
AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable
The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. … Continue reading
CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not
This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):
CA11: RS included talking on phone during stop when repeatedly told to hang up
Defendant’s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to … Continue reading
D.Conn.: A concealed carry permit is not cause for handcuffing a motorist
A concealed carry permit is not cause for handcuffing a motorist. Soukaneh v. Andrzejewski, 2021 U.S. Dist. LEXIS 147750 (D.Conn. Aug. 6, 2021). The lack of an arrest warrant isn’t relevant in an excessive force case where officers came to … Continue reading
CA9: Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment
An Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment. (DoJ agrees.) Sura v. Garland, 2021 U.S. App. LEXIS 24508 n.3 (9th Cir. Aug. 17, 2021):
E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too
The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading
S.D.Ohio: Def’s arrest under a warrant for murder produced a gun; deterrence no value here
Defendant’s arrest under a warrant for murder also produced a gun, for which he was indicted in federal court. This is not an appropriate case for suppression because there’s no deterrence value. United States v. Gray, 2021 U.S. Dist. LEXIS … Continue reading
Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth
Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth by Niara Savage (“A Black Los Angeles couple says officers stormed their … Continue reading
D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt
Defendant didn’t have standing to contest a warrantless entry into his close friend’s apartment when he was hiding there from the police after having fled an apparent arrest. They were also in hot pursuit of a man with a gun. … Continue reading
CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed
Officers had probable cause for plaintiff’s arrest for a sexual assault charge based on the totality of information, even though charges were later dismissed. Further later investigation cast doubt, but the officers weren’t reckless. Walz v. Randall, 2021 U.S. App. … Continue reading
ID: Nonpayment of fine warrant not based on PC for willfulness or ability to pay; writ of prohibition granted
A clerk’s affidavit of nonpayment said nothing about willfulness of nonpayment, and there was no showing of an “ability to pay analysis” for probable cause. Writ of prohibition against the contempt arrest is granted. Beck v. Elmore County Magistrate Court, … Continue reading
TX: Once hotel moves to evict a renter, any REP in the room ceases
“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ … Continue reading
E.D.Cal.: SW for single family dwelling valid even if there’s a renter living inside
A search warrant for what’s ostensibly a single family dwelling is sufficient to search the entire building, despite the fact that it turned out that there was a renter in one room. The good faith exception applies, too. United States … Continue reading
SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”
Lange v. California, 141 S.Ct. 2011 (June 23, 2021). Syllabus:
CA2: DL address is “reason to believe” where def lives for entry on arrest warrant
Defendant’s DL had the address where the police entered on an arrest warrant, and it led to a plain view. The DL address was “reason to believe” it was his address. United States v. Johnson, 2021 U.S. App. LEXIS 18491 … Continue reading
MI: Def’s arrest being unlawful, his statement during should be suppressed
The state supreme court having found defendant’s arrest unlawful, his statement during the arrest should have been suppressed. People v. Hammerlund, 2021 Mich. App. LEXIS 3773 (June 17, 2021) (2-1) (dissent). Detention under the Material Witness Statute that was validly … Continue reading
D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home
Officers cannot enter a defendant’s home in hot pursuit from his failing to stop for a Terry stop on mere reasonable suspicion. United States v. Cannon, 2021 U.S. Dist. LEXIS 112705 (D.N.M. June 16, 2021). The officer’s initial observations of … Continue reading
CA10: Noting circuit split, there was PC here for entry under Payton “reason to believe” standard
There was probable cause to believe defendant was in his travel trailer for an entry under Payton. The court notes a circuit split. United States v. Maley, 2021 U.S. App. LEXIS 17644 (10th Cir. June 14, 2021):
