ABAJ.com: Judge Orders DA to Give Lawyer Copies of Documents Seized in Police Raid of His Law Office by Martha Neil:
A state-court judge has ordered the local district attorney's office to provide to a New York lawyer copies of all documents seized during a police raid last week of his law office.
Ezequiel Neuman, 51, doesn't know what his court schedule is because his calendar was seized, defense attorney Edward Menkin told Onondaga County Judge Anthony Aloi. He ordered that copies of the documents be provided to Neuman during a ruling from the bench on Tuesday morning, the Post-Standard reports.
Neuman was arrested last week on a felony charge of bribing a witness. He is accused of offering a client $50,000 not to testify in a murder case.
NetworkWorld.com: Bill proposes to protect Americans' privacy from warrantless drone surveillance by Ms. Smith:
Didn't hear anyone yell "Fore," yet wonder if that is a golf ball in the sky? It's not; it's a drone and it's coming. Judge Andrew P. Napolitano warned about the "coming use of drones - some as small as golf balls - to watch us, listen to us and record us. Did you consent to the government having that power? Did you consent to the American military spying on Americans in America? I don't know a single person who has, but I know only a few who are complaining."
Although Secrecy News reported the Senate Armed Services Committee said drones need to operate 'freely and routinely' in America, you can add Senator Rand Paul to that "few" who are raising a ruckus about drones. Senator Paul proposed a bill to prevent warrantless drone surveillance. He said, "The Preserving Freedom from Unwarranted Surveillance Act of 2012 will protect American's personal privacy. Like other tools used to collect information in law enforcement, in order to use drones a warrant needs to be issued. Americans going about their everyday lives should not be treated like criminals or terrorists and have their rights infringed upon by military tactics."
"A drone is a very, very powerful way of snooping on behavior," Sen. Paul told CNN.
ABAJ.com: Feds Raid Utah Law Offices in Probe of Loan Modification Work by Martha Neil:
Multiple federal agencies including the FBI, IRS and the office of the inspector general for the Troubled Asset Relief Program raided three offices affiliated with a Utah law firm Tuesday.
The U.S. Attorney's office in Utah confirmed the raid on the CC Brown Law Office in Midvale and West Valley City, in cooperation with local authorities, but said the search warrant is sealed and no criminal charges have been filed, according to a local ABC News affiliate and Salt Lake Tribune.
Driving in a high crime area, eye contact with officer, and furtive movement like toward a gun was reasonable suspicion. State v. Norfolk, 366 S.W.3d 528 (Mo. 2012).*
The district court’s verdict in a bench trial, inter alia, that subpoenaing records of cell phone calls was reasonable was affirmed on credibility of witnesses. Cunningham v. Terrebonne Parish Consol. Gov't, 478 Fed. Appx. 230 (5th Cir. 2012).*
“While the fact that Whisnant did not understand he could refuse consent to search is a factor to consider in determining whether consent was voluntary, police do not have to inform an individual of his right to refuse to consent to a search. ... Likewise, when requesting an individual's consent to search a vehicle, police are not required to inform the individual that others could object to the search. Nor are police required to obtain the consent of all the occupants of a vehicle in order to search it. ... In this case, the alleged consenter himself testified repeatedly that he consented to the search and never testified that he felt coerced into doing so by the factors cited by Collins or by any other factors. Accordingly, the district court did not clearly err in finding that Whisnant's consent was valid.” United States v. Collins, 683 F.3d 697, 2012 FED App. 0173P (6th Cir. 2012).*
Merely alleging there was a basis for a suppression motion that was not filed does not allege IAC under Strickland. United States v. Action, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012):
[B]y arguing that "there was a sufficient basis to file a motion to suppress," and that the defense "had nothing to lose and everything to gain" by filing the motion, Defendant does not establish ineffective assistance of counsel. Defendant must do more than allege there were grounds for filing the motion; he must prove that the motion would have been granted. He must move beyond asserting that there was no downside to filing the motion; he must establish a reasonable probability that, but for counsel's failure to file the motion, the result of his proceeding would have been different.
Defendant’s repeated refusal to remove his hands from his pockets during a traffic stop became reasonable suspicion. United States v. Fletcher, 2012 U.S. Dist. LEXIS 79795 (M.D. Tenn. June 8, 2012).*
When defendant’s DL was called in, there was a note to call his federal PO, which happened. That did not unreasonably extend the length of the stop. United States v. Campbell, 2012 U.S. Dist. LEXIS 81083 (E.D. Tenn. May 22, 2012).*
The excuse for stopping the defendant was that the license plate looked counterfeit, but it was apparent that it was not, and the reason for the stop thus evaporated. There is no law prohibiting a driver from using the roads of this country with a Mexican driver’s license. The officer called for a tow truck without any reason, and then conducted a rummaging search that was a purported inventory. The government’s failure to raise standing until the suppression hearing was waiver of the issue because it prejudiced defendant’s ability to prove standing. United States v. Garcia-Medina, 2012 U.S. Dist. LEXIS 80620 (D. Utah June 8, 2012):
It is well-established that an inventory search may not be used as a ruse for a general search. Florida v. Wells, 495 U.S. 1, 4, 110 S. Ct. 1632, 109 L. Ed. 2d 1 (1990) ("Our view that standardized criteria or established routine must regulate the opening of containers found during inventory searches is based on the principle that an inventory search must not be a ruse for a general rummaging in order to discover incriminating evidence.") (internal citations omitted). ...
Here, Trooper Sheets did not write anything down. He was not methodical in his search. He was tapping and rummaging, looking for something hidden. He called for a drug-sniffing dog without any basis for suspecting that drugs were present. And he made that request almost immediately after he requested the tow truck, even though at that point in the stop he had not asked Mr. Garcia-Medina questions to dispel his concerns about the driver's license, Mr. Garcia-Medina's residency in Arizona, or anything else of substance. The court finds that the purported inventory search was a pretext for investigating criminal activity and so it violated Mr. Garcia-Medina's Fourth Amendment rights.
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by John Wesley Hall
Criminal Defense Lawyer
Little Rock, Arkansas
Contact / About
www.johnwesleyhall.com
www.LawofCriminalDefense.com
@JohnWesleyHall
Online since Feb. 24, 2003
~~~~~~~~~~~~~~~~~~~~~~~~~~
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citations, and links
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Most recent SCOTUS cases:
2012-13 Term: 2010-11 Term: General (many free): Congressional Research Service: "If it was easy, everybody would be doing it. It isn't, and they don't." "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." "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." Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment. "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." "The great end, for which men entered into society, was to secure their
property." "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." "The course of true law pertaining to searches and seizures, as enunciated
here, has not–to put it mildly–run smooth." "A search is a search, even if it happens to disclose nothing but the
bottom of a turntable." "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." “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.” “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.” "You can't always get what you want /
But if you try sometimes / You just might find / You get what you need." "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." “You know, most men would get discouraged by
now. Fortunately for you, I am not most men!”
"There is never enough time, unless you are serving it."
Maryland v. King, granted Nov. 9, argued Feb. 26
(ScotusBlog)
Missouri
v. McNeeley, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (Apr. 17) (ScotusBlog)
Bailey
v. United States, 133 S. Ct. 1031, 185 L. Ed. 2d 19 (Feb. 19) (ScotusBlog)
Florida
v. Harris, 133 S. Ct. 1050, 185 L. Ed. 2d 61 (Feb.
19) (ScotusBlog)
Florida
v. Jardines, 133 S. Ct. 1409, 185 L. Ed. 2d 495 (Mar. 26) (ScotusBlog)
2011-12 Term:
Ryburn
v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (Jan. 23,
2012) (other
blog)
Florence
v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (April 2,
2012) (ScotusBlog)
United
States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (Jan. 23, 2012) (ScotusBlog)
Messerschmidt
v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (Feb. 22, 2012) (ScotusBlog)
Kentucky
v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (May 16, 2011) (ScotusBlog)
Camreta
v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (May 26, 2011) (ScotusBlog)
Ashcroft
v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (May 31, 2011) (ScotusBlog)
Davis
v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (June 16, 2011) (ScotusBlog)
2009-10 Term:
Michigan
v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (Dec. 7, 2009) (per
curiam) (ScotusBlog)
City
of Ontario v. Quon, 130 S.Ct. 2619, 177 L.Ed.2d 216 (June 17, 2010) (ScotusBlog)
2008-09 Term:
Herring
v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (Jan. 13,
2009) (ScotusBlog)
Pearson
v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (Jan. 21, 2009)
(ScotusBlog)
Arizona
v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (Jan. 26, 2009)
(ScotusBlog)
Arizona
v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (April 21, 2009)
(ScotusBlog)
Safford
Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174
L.Ed.2d 354 (June 25, 2009) (ScotusBlog)
Research Links:
Supreme Court:
SCOTUSBlog
S. Ct.
Docket
Solicitor General's
site
SCOTUSreport
Briefs
online (but no amicus briefs)
Curiae (Yale
Law)
Oyez
Project (NWU)
"On the Docket"–Medill
S.Ct.
Monitor: Law.com
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LexisWeb
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(criminal law/ 4th Amd) $
Findlaw.com
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Amd)
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$
F.R.Crim.P.
41
www.fd.org
FBI
Domestic Investigations and Operations Guide (2008) (pdf)
DEA
Agents Manual (2002) (download)
DOJ
Computer Search Manual (2009) (pdf)
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 Privacy
Information Center
Criminal
Appeal (post-conviction) (9th Cir.)
Section 1983 Blog
—Me
—Williams
v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold,
J.), rev'd Nix v. Williams, 467 US. 431 (1984).
—Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
—Entick
v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
—United
States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
—Arizona
v. Hicks, 480 U.S. 321, 325 (1987)
—Katz
v. United States, 389 U.S. 347, 351 (1967)
—United
States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
—United
States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
—Mick Jagger & Keith Richards
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
—Pepé Le Pew
—Malcolm Forbes
"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)