- The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges
- KY: Police use of license plate reader violates no REP
- LA5: Scope of auto exception search is the PC that authorizes it
- GA: While state database showed def’s car uninsured, his proof of insurance on phone app was enough to show lack of PC for impoundment
- CA3: Playpen SW violated Rule 41 and 4A, but GFE saves the search
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 20k posts since 2003
Fourth Amendment cases,
citations, and links
Latest Slip Opinions:
U.S. Supreme Court (Home)
Federal Appellate Courts Opinions
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)
Advanced Google Scholar
Google search tips
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $
S. Ct. Docket
Solicitor General's site
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):
Google Scholar | Google
LexisOne Legal Website Directory
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com (4th Amd)
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
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."
“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
Category Archives: Probation / Parole search
IL: A motion to suppress and a motion for directed finding of NG are fundamentally two different things
Defendant sought a motion to suppress which was actually a motion for directed finding of not guilty. They are different things. People v. Lomeli, 2017 IL App (3d) 150815, 2017 Ill. App. LEXIS 782 (Dec. 15, 2017). This immigration checkpoint … Continue reading
Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search
A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading
W.D.Mo.: Any reasonable person on supervised release would know a computer search condition extended to a cell phone
Defendant was on supervised release, and he had a computer search condition. The court concludes that any reasonable person would understand a cell phone would be a “computer” for the search condition. In any event, it had already been searched … Continue reading
Defendant was convicted of aggravated child abuse, but not a sex offense, in state court, and that resulted in revocation of supervised release. The new sentence was 24 months confinement and 36 months supervised release. A warrantless computer search condition … Continue reading
Police could enter a commonly used residence to look for a probationer they had probable cause to believe committed a violent crime, over the protests of the primary occupant, her mother. They entered over the mother’s objection but didn’t find … Continue reading
CA9: While cell phone privacy interest is substantial, state’s interest in parole searches of cell phones is greater
While the general reasonable expectation of privacy in a cell phone is weighty, it still succumbs to the state’s interest in parole searches of a cell phone to insure compliance with parole requirements. The record also supports consent given by … Continue reading
POs found defendant parolee at his girlfriend’s house that he was not approved to live in. It was arguable he didn’t have standing, and his reasonable expectation of privacy was reduced there [I think he would have standing as an … Continue reading
Defendant was a sex offender on probation after prison, and he had a search condition. The police and probation had information that he had child pornography on his computer. A probation search of an SD card revealed the child pornography. … Continue reading
“[P]arole agents have the authority to conduct a protective Terry frisk of non-parolees within the course of executing their statutorily imposed duties, so long as reasonable suspicion supports the agents’ conduct.” Here, POs entered the parolee’s house for a visit … Continue reading
D.Minn.: PO knowing def’s history saw a bulge in def’s pocket, and this was justification for a search
Defendant was on supervised release. The officer “then saw a bulge in Becerra’s pocket that he suspected could be a weapon. [He thus] had probable cause at the time he arrested Becerra to believe that Becerra was violating his supervised … Continue reading
In the Tenth Circuit, the area of state probation and parole search is about the only area where the Fourth Amendment is informed by state law, and state law determines limits on state actors in the first instance, and then … Continue reading