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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© 2003-18,
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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Sixth Circuit
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D.C. Circuit
Federal Circuit
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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LexisWeb
LII State Appellate Courts
LexisONE free caselaw
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To search Search and Seizure on Lexis.com $Research Links:
Supreme Court:
SCOTUSBlog
S. Ct. Docket
Solicitor General's site
SCOTUSreport
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):
LexisWeb
Google Scholar | Google
LexisOne Legal Website Directory
Crimelynx
Lexis.com $
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com
Findlaw.com (4th Amd)
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: Probation / Parole search
S.D.N.Y.: No standing in an email account def didn’t open and disavows
Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading
D.Mont.: Probation search of place probationer was merely visiting unreasonable
A person on supervised release was subject to a search condition of his residence. That did not include places he was visiting. Search of his backpack suppressed; a search warrant was required to even enter the premises of a third … Continue reading
IN: A search waiver condition “without a warrant and without probable cause” still requires RS
A search waiver condition “without a warrant and without probable cause” still requires reasonable suspicion. Jarman v. State, 2018 Ind. App. LEXIS 445 (Nov. 30, 2018). Window tinting that covered the back window brake light was a traffic violation justifying … Continue reading
TX1: No REP in a contraband cell phone in a halfway house
There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading
N.D.Cal.: Supervised release search of home unreasonable because govt lacked PC he lived there
The government argued that a person on supervised release had no reasonable expectation of privacy in his own apartment, which the court roundly rejects. Yet, the government lacked probable cause to believe that defendant was residing in the home at … Continue reading
QI for probation searches
People For the American Way: Confirmed Judges, Confirmed Fears: Two Trump Circuit Judges Rule that There is No Remedy for a Violation of a Homeowner’s Privacy Rights by Elliot Mincberg discussing this case: CA6: Officer spent 90 minutes at plaintiff’s … Continue reading
D.Ariz.: Raising a search issue 5 months after conviction is a little too late
Defendant’s suppression argument five months after conviction is too late. Besides, it doesn’t allege anything of substance anyway. United States v. Alahmedalabdaloklah, 2018 U.S. Dist. LEXIS 189719 (D. Ariz. Nov. 6, 2018).* Defendant’s search claim is denied without even telling … Continue reading
E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”
A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading
D.N.M.: Federal criminal complaint supported PC for DNA sample
A federal criminal complaint can satisfy the probable cause requirement for a DNA sample. United States v. Mercado-Gracia, 2018 U.S. Dist. LEXIS 182458 (D. N.M. Oct. 24, 2018). Defendant’s term of probation permitting searches of his residence includes temporary quarters, … Continue reading
IN: Backpack of arrested motorcyclist was subject to SI
Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading
NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house
The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading
