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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© 2003-19,
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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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
ND: 14 hour old information for a probation search was not stale
14 hour old information for a probation search was not stale. State v. Stenhoff, 2019 ND 106 (Apr. 11, 2019). Defendant didn’t preserve his search issues for appeal under state law. “In attempting to reserve the question of whether Defendant … Continue reading
LA1: Plain view during a probation “compliance check” is valid
Plain view during a probation “compliance check” is valid. State v. Cheramie, 2019 La. App. LEXIS 576 (La. App. 1 Cir. Apr. 5, 2019). Defense counsel filed a motion to suppress which was heard and denied. He then pled guilty. … Continue reading
OH8: When on probation for bestiality, the Humane Society can conduct probation searches
Defendant was on misdemeanor probation for bestiality with a dog. He was subject to probation searches on reasonable suspicion for whether or not he had pets in the house, and the Animal Protection League (APL) is a part of the … Continue reading
CA2: Unlicensed and unauthorized and driver of rental car had no standing under Byrd
Unlicensed and unauthorized driver of rental car had no standing under Byrd. United States v. Lyle, 2019 U.S. App. LEXIS 9457 (2d Cir. Apr. 1, 2019). Defendant signed a search waiver as a condition of community control, and that was … Continue reading
MA: Scope of probation search wasn’t justified by the RS
The probation search of defendant’s bedroom wasn’t justified by the reasonable suspicion that authorized it. “The Commonwealth’s contention that Valenti’s entry into the bedroom was justified as a protective sweep is equally unavailing.” Special needs didn’t work for the state … Continue reading
AZ: Probation search could reasonably include cell phone because of nature of allegations
Defendant on felony probation and subject to a warrantless search condition. It was reasonable to search his cell phone under this condition because his mother reported threats and it was possible the cell phone’s contents could corroborate it. State v. … Continue reading
CA9: Warrantless placement of GPS on a parolee’s car was reasonable under 4A
Based on Ninth Circuit precedent that cell phone searches are permitted by the parole search doctrine, the court finds that warrantless placing of a GPS on a parolees car is permitted under the Fourth Amendment. United States v. Korte, 2019 … Continue reading
CA9: Parole search ability extends to trunk of car
A parole search of the trunk of a car is still an area under the control of the defendant and subject to the search. And, CSLI before Carpenter is admissible. United States v. Korte, 2019 U.S. App. LEXIS 7672 (9th … Continue reading
D.Utah: Def’s suspicionless parole search was valid under Samson
Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading
DE: A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding
A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding. Walker v. State, 2019 Del. LEXIS 88 (Feb. 21, 2019). The record doesn’t show that defendant’s plea was conditional, so there is no … Continue reading
CA11: When information in a SW affidavit comes from an illegal source, it is purged; here, PC remains
Excising that which was allegedly illegally obtained from the affidavit for this search warrant, probable cause still remains. United States v. Fleur, 2019 U.S. App. LEXIS 4899 (11th Cir. Feb. 20, 2019). There was no independent probable cause for the … Continue reading
D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment
Obtaining a search warrant with a narrative affidavit, inter alia, is hardly outrageous governmental conduct warranting dismissal. United States v. Ortiz, 2019 U.S. Dist. LEXIS 17455 (D. Minn. Feb. 4, 2019).* Plaintiff’s excessive force claim against a probation search which … Continue reading
