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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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Third Circuit
Fourth Circuit
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Sixth Circuit
Seventh Circuit
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D.C. Circuit
Federal Circuit
Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts, other
Military Courts: C.A.A.F., Army, AF, N-M, CG
State courts (and some USDC opinions)
Google Scholar
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LexisWeb
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
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
SC: Failure to register offense didn’t justify electronic monitoring condition under Grady
Defendant was convicted of a sex offense in 1979. In 2011 he was convicted of a sex offender registration offense. An electronic monitoring condition was unreasonable and a violation of the Fourth Amendment on this record under Grady v. North … Continue reading
D.Idaho: Consent irrelevant to a parole search
Defendant was reasonably subjected to a parole search, and withdrawal of his consent was irrelevant. United States v. Perales, 2018 U.S. Dist. LEXIS 99191 (D. Idaho June 11, 2018). The officer had reasonable suspicion to detain defendant for being a … Continue reading
Cal.1: Electronic search condition on juvenile was unreasonable for possession of a knife and rolling papers at school
The electronic search condition on this juvenile for having a knife, rolling papers, and a lighter in school after a school search was unreasonable. The state says its need to prevent him from procuring more marijuana, but the court disagrees. … Continue reading
LA5: Parole officers were stalking horses for police acting without RS
Defendant’s parole search was without reasonable suspicion. In addition, the parole officers were acting at the request of law enforcement officers acting on an unsubstantiated tip, and that’s unreasonable in this state. State v. Clay, 2018 La. App. LEXIS 1004 … Continue reading
KS: Parole search waiver permitted suspicionless home searches
Defendant’s parole search waiver permitted suspicionless searches of his home, despite the fact the statute didn’t specifically mention it. The court balances the state’s need with the intrusion on privacy, and there is a continuum of much lower privacy expectations … Continue reading
NC: On remand from Grady, realtime satellite based monitoring of a sex offender on release was unreasonable under 4A
On remand from Grady v. North Carolina, 135 S. Ct. 1368, 191 L. Ed. 2d 459 (2015), the state failed to prove that continuous realtime satellite based monitoring of defendant was unreasonable. The lack of a warrant requirement without any … Continue reading
Cal.1st: Cell phone probation search condition not unreasonable; def to rid self of gang affiliations
An electronic search condition of probation is not per se unreasonable under Riley. Here, it was reasonable to show whether defendant ridded himself of his gang affiliations which was a condition of probation. People v. Guzman, 2018 Cal. App. LEXIS … Continue reading
S.D.Ohio: Riley‘s cell phone SW requirement doesn’t apply to probation searches of a cell phone
Riley does not require a warrant for a probation search of a probationer’s cell phone. United States v. Fletcher, 2018 U.S. Dist. LEXIS 65591 (S.D. Ohio Apr. 18, 2018). Officers had probable cause to search the trunk of a car … Continue reading
S.D.N.Y.: Parole search was valid despite def being in jail at time
Defendant was on parole and allegedly shot at somebody. That justified a parole search of his residence. The fact he was in jail at the time didn’t matter. United States v. Jaiman, 2018 U.S. Dist. LEXIS 64797 (S.D. N.Y. Apr. … Continue reading
CA1: Suppression motion was untimely without a showing of good cause, and it would not be determined on appeal
“Sweeney neither challenged the finding of untimeliness before the district court, nor does he now argue that his delay in filing the motion to suppress was excused by good cause. As such, because of his waiver, we need not address … Continue reading
E.D.Mich.: No PC for the warrant, but it wasn’t “so lacking” in PC that the GFE wouldn’t apply
There was no probable cause for issuance of the search warrant, but it wasn’t “so lacking” in probable cause because there was at least something. “The officers, therefore, acted in good faith in executing the warrant because, although the affidavit … Continue reading
