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- S.D.W.Va.: Issuance of a criminal citation is not a seizure
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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
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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 -
© 2003-24,
online since Feb. 24, 2003 Approx. 425,000 visits (non-robot) since 2012 Approx. 45,000 posts since 2003 (27,400+ on WordPress as of 7/23/24) -
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Fourth Amendment cases,
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Congressional Research Service:
--Electronic Communications Privacy Act (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 -
"Life is not a matter of holding good cards, but of playing a poor hand well."
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others) -
“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 -
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848) -
"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!”
---Pepé Le Pew "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."
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)
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Category Archives: Mail and packages
N.D.Cal.: No REP against police squeezing a package in transit in the mail
Squeezing a mail package in transit isn’t the same as a suitcase near at hand (Jones), and there was no reasonable expectation of privacy. Quinonez v. United States, 2024 U.S. Dist. LEXIS 204220 (N.D. Cal. Nov. 8, 2024). A blanket … Continue reading
New Law Review: Who’s Got Mail? The Fourth Amendment Impact of Pseudonyms
Timothy S. Iversen, Comment: Who’s Got Mail? The Fourth Amendment Impact of Pseudonyms, 31 Geo. Mason L. Rev. 961 (Spring 2024):
W.D.N.C.: Search under automobile exception can be as broad as a SW would allow considering what is sought
When there is probable cause under the automobile exception, the search can be as broad as a search warrant would allow. United States v. Carmichael, 2024 U.S. Dist. LEXIS 116946 (W.D.N.C. July 1, 2024). The protective sweep of defendant’s hotel … Continue reading
CA7: Detention of a package for a day to get SW was reasonable
Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024). “‘The Constitution does not guarantee that only the guilty will … Continue reading
WaPo: Law enforcement is spying on thousands of Americans’ mail, records show
WaPo: Law enforcement is spying on thousands of Americans’ mail, records show by Drew Harwell (“The Postal Service approves thousands of requests every year from police officers and federal agents seeking information from Americans’ letters and packages.”) This is hardly … Continue reading
NY3: Typo in SW affidavit could be overlooked when context is apparent
A typographical error in the statement of probable cause could be overlooked when the affidavit is read as a whole, which is what the court is supposed to do. People v. Malloy, 2024 NY Slip Op 03203, 2024 N.Y. App. … Continue reading
M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it
Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading
OH7: No standing in package with assumed names
Defendant lacked standing in a package shipped under and to assumed names, neither of which could be linked to him as a known alias. State v. Herbert, 2023-Ohio-4490, 2023 Ohio App. LEXIS 4311 (7th Dist. Dec. 11, 2023). “We think … Continue reading
D.Mont.: Def’s interest in his package is a reasonable delivery time, but not an exact time
When a package in transit is detained for investigation, the person named on the package has an interest in a reasonable delivery time, but not an exact time. United States v. Hamlin, 2023 U.S. Dist. LEXIS 180215 (D. Mont. Oct. … Continue reading
W.D.Va.: Interference with prison mail is 1&14A claim, not 4A
Confiscation or interference with prison legal mail is a First and Fourteenth Amendment claim, not Fourth. Chenevert v. Kanode, 2023 U.S. Dist. LEXIS 171627 (W.D. Va. Sep. 26, 2023). There was reasonable suspicion for a frisk of the driver of … Continue reading
S.D.N.Y.: Ptf being off parole at time of parole search stated claim
Plaintiff’s claim he was off parole when this parole search occurred at least survives a motion to dismiss. Aurecchione v. Falco, 2023 U.S. Dist. LEXIS 171131 (S.D.N.Y. Sep. 25, 2023). Defendant’s suppression motion against his residential search warrants was based … Continue reading
M.D.Tenn.: Ptf’s § 1983 4A case over his arrest is stayed
“Although Plaintiff’s Fourth Amendment claims survive initial review, the Amended Complaint indicates that Plaintiff is currently involved in state criminal proceedings related to the arrest and seizure that form the basis of those claims. In these circumstances, the Court finds … Continue reading
M.D.Ga.: No standing in packages sent to one’s address but with all different names on them
Defendant failed to show standing in packages searched coming to an address he claimed as his “primary address,” but the addressee and sender were not him. United States v. Williams, 2023 U.S. Dist. LEXIS 26755 (M.D. Ga. Feb. 16, 2023). … Continue reading
D.Conn.: Govt’s mere allegation def has possessory interest in package doesn’t give him standing; he still has to show it
Defendant can’t rely on the government’s representation they believe he has a possessory interest in a parcel. He has to show it, and here he did not. United States v. Franco, 2023 U.S. Dist. LEXIS 18256 (D. Conn. Feb. 3, … Continue reading
IL: Officers executing SW lawfully seized gun in plain view
The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, … Continue reading
OH: Opening car door was to secure uncooperative def, not search; plain view valid
Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading
NC: Dog sniff of package in mail stream reasonable
A dog sniff of a package in the mail stream is reasonable. There is no reasonable expectation of privacy from a dog sniff there. State v. Teague, 2022-NCCOA-600, 2022 N.C. App. LEXIS 748 (Nov. 1, 2022). Defendants’ motion in limine … Continue reading
CA5: USPS letter carrier not a 4A govt actor
A regular USPS letter carrier is not a governmental actor the Fourth Amendment governs. Here, her thumb slipped through a preexisting hole in a package she was delivering, and she became suspicious it contained drugs and wouldn’t leave it at … Continue reading
NY Bronx: REP in one’s apartment building mailbox
Defendant had a reasonable expectation of privacy in his mailbox in an apartment building from unreasonable searches. A search warrant was sought through the Bronx DA, but they were short staffed and recommended the officers get landlord consent. That was … Continue reading