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ABA Journal 's Blawg 100 (2015-2016)
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact / The Book
www.johnwesleyhall.com© 2003-17,
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. 20k posts since 2003~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
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Federal Law Enforcement Training Center Resources
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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)
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Section 1983 Blog"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me“I still learn something new every day.”
—Pete Townshend, The Who 50th Anniversary Tour, "The Who Live at Hyde Park" (Showtime 2015)"I can't talk about my singing. I'm inside it. How can you describe something you're inside of?"
—Janis Joplin"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)
Category Archives: Collective knowledge
CA5: Collective knowledge from narcs applies to justification for traffic stop
The totality of the circumstances did not dictate a finding that a turn-signal violation was too stale to justify stopping defendant’s vehicle. A lack of personalized suspicion on the part of the officer who stopped defendant’s vehicle was immaterial because … Continue reading
D.Colo.: Collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why
The collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why. United States v. Rubio-Sepulveda, 2017 U.S. Dist. LEXIS 23866 (D. Colo. Feb. 21, 2017):
S.D.Fla.: Collective knowledge requires that the stopping officers have some knowledge of the reason for the stop
Collective knowledge doesn’t apply where the officers making the stop were not informed of what the DEA didn’t communicate. The stop was, however, valid based on traffic violations. The drug dog showed up while the main part of the traffic … Continue reading
VT: Probation officer’s home visit is not a search
A probation officer’s home visit is not a search. Levitt v. State, 2016 VT 60, ¶ 32. State v. Albarelli, 2016 VT 119, 2016 Vt. LEXIS 121 (Nov. 18, 2016). The DUI roadblock in this case was established in accord … Continue reading
D.Guam: Traffic ticket delayed by 20 min, but RS existed on collective knowledge
The officer delayed writing the traffic ticket in this case for 20 minutes after the report back on defendant’s license, so Rodriguez was seemingly violated. So, the question is reasonable suspicion. The collective knowledge doctrine, however, of reasonable suspicion gives … Continue reading
D.N.J.: Inevitable discovery applied: (1) officers were drafting affidavit for warrant and (2) there was overwhelming PC
The government proved inevitable discovery applied because (1) they had already started drafting the warrant when the allegedly illegal search occurred and (2) there was overwhelming probable cause for the search. United States v. Restitullo, 2016 U.S. Dist. LEXIS 144269 … Continue reading
ND: When suspect lives in house and drug paraphernalia out, it’s not “mere presence” for his detention
When drug paraphernalia is present and in plain view, detaining all present is not a detention for “mere presence.” Moreover, defendant stayed there. State v. Schmidt, 2016 ND 187, 2016 N.D. LEXIS 177 (Sept. 15, 2016). Defendant’s stop on Ft. … Continue reading
IA: LEO had PC to arrest for parole violation when PO related violations and requested arrest
A police officer encountered defendant at a trailer park and found out he was on parole. Defendant gave his PO’s name, and the officer called. The PO said that defendant has missed meetings and failed a drug test and they … Continue reading
VI: The court declines to adopt horizontal collective knowledge
The court declines to adopt horizontal collective knowledge since the V.I. Supreme Court has never addressed it. [It’s rationale, however, is likely at odds with Utah v. Strieff which likely was never briefed.] People v. Looby, 2016 V.I. LEXIS 114 … Continue reading
VA adopts collective knowledge doctrine
Virginia finally adopts the collective knowledge doctrine. (Somehow it hadn’t had to before.) Edmond v. Commonwealth, 2016 Va. App. LEXIS 212 (Aug. 2, 2016):
