Archives for: July 2013, 16

07/16/13

Permalink 05:33:09 pm, by fourth, 83 words, 581 views   English (US)
Categories: General

TechDirt: 7 Months Of Warrantless 'Just Metadata' Paints A Clear Picture Of Your Personal Life

TechDirt: 7 Months Of Warrantless 'Just Metadata' Paints A Clear Picture Of Your Personal Life (brief attached):

from the anyone-still-believe-this-info-shouldn't-be-protected? dept

=> Read more!

Permalink 02:14:29 pm, by fourth, 171 words, 508 views   English (US)
Categories: General

Re Clapper v. Amnesty International: NYT: A Secret Surveillance Program Proves Challengeable in Theory Only

Permalink 08:34:18 am, by fourth, 135 words, 341 views   English (US)
Categories: General

PA: Seatbelt roadblock sustained

Seatbelt roadblock sustained: (1) The state provided sufficient evidence of substantial compliance with the checkpoint guidelines. (2) The checkpoint was a minimally invasive disruption to the motorists because it was set up to produce only a momentary stop, and it allowed officers to distribute literature on seatbelt use and a general overview of the vehicle for any obvious equipment violations. (3) Testimony showed the checkpoint had been administratively determined prior to it being set up and that the administrative determination was supported by local experience. (4) The checkpoint was part of a well-publicized, statewide effort to encourage motorists to use their seatbelts. Commonwealth v. Garibay, 2013 PA Super 186, 72 A.3d 623 (2013) [I still don't get it; how can seatbelt use justify a roadblock the same as a DUI roadblock? What's the threat to the safety of other motorists?]

Back to blog

Permalink 08:15:21 am, by fourth, 141 words, 248 views   English (US)
Categories: General

Defendant consented to view a contact in her cell phone; officer never touched phone

Defendant consented to view a contact in her cell phone. She showed the phone and the officer never touched it. United States v. Wright-Darrisaw, 2013 U.S. Dist. LEXIS 96421 (W.D. N.Y. May 2, 2013).*

Even assuming defense counsel filed a motion to suppress and it was granted, there was a wealth of other information at trial that convicted the defendant, and there’s no reasonable probability of a different outcome. United States v. Murphy, 2013 U.S. Dist. LEXIS 97149 (M.D. Pa. July 11, 2013).*

The officer here stopped defendant “late at night” on I-20 for a window tint violation, and could smell marijuana coming from the car after the stop. That led to defendant’s arrest, and the vehicle would have to be towed, so there was an inventory that produced more drugs. The inventory was valid. Beville v. State, 2013 Ga. App. LEXIS 583 (July 3, 2013).*

Permalink 08:13:48 am, by fourth, 115 words, 247 views   English (US)
Categories: General

KS: Drug dog was certified, and that’s enough for the state to make its burden at a suppression hearing under Harris

The drug dog was certified, and that’s enough for the state to make its burden at a suppression hearing under Florida v. Harris. Defendant was stopped for tint and an altered temporary tag, and a drug dog was used. State v. Brewer, 49 Kan. App. 2d 102, 305 P.3d 676 (2013).

This DUI roadblock was sufficiently obvious that it was constitutional. It was “well identified as a police checkpoint” as required by state law. There were ten officers in reflective vests and police cars with lights on. State v. Conner, 2013 Ga. App. LEXIS 577 (July 3, 2013).*

Defendant fled from the police discarding things from his pockets, and that’s abandonment (quoting Treatise). Walker v. State, 322 Ga. App. 821, 744 S.E.2d 385 (2013).*

Permalink 07:42:09 am, by fourth, 243 words, 443 views   English (US)
Categories: General

M.D.Ala.: Arrest of co-conspirator outside justified warrantless exigent entry

Arrest of a co-conspirator outside created exigency for warrantless police entry into the house for drugs, after nobody answered the door and the police knew there were people inside. United States v. Romero, 2013 U.S. Dist. LEXIS 97055 (M.D. Ala. June 18, 2013):

=> Read more!

Permalink 07:36:10 am, by fourth, 171 words, 382 views   English (US)
Categories: General

E.D.Wash.: It's reasonable to handcuff a man who just fled from the police

Defendant was confronted banging on the door of an apartment and fled. When he was captured, he was handcuffed. That was reasonable under the circumstances. United States v. Kinsey, 952 F. Supp. 2d 970 (E.D. Wash. 2013).*

The showing of probable cause for defendant’s car was thin, but, on review by the district court, it’s not de novo review, and the warrant should be upheld if there was some basis for it. United States v. McAleese, 2013 U.S. Dist. LEXIS 96563 (E.D. Pa. July 10, 2013)*:

=> Read more!

Permalink 07:22:28 am, by fourth, 172 words, 507 views   English (US)
Categories: General

S.D.Ohio: 13 months not too stale in CP case

Italian police discovered a child pornography website in Pennsylvania, and alerted police there. The provider of the website was searched, and links to defendant’s usage were found. The 13 month old information not stale. United States v. Kreitzer, 2013 U.S. Dist. LEXIS 96660 (S.D. Ohio July 10, 2013):

=> Read more!

Permalink 07:14:31 am, by fourth, 151 words, 447 views   English (US)
Categories: General

D.Mass.: Papers on suppression motion enough to decide without hearing

Defendant was arrested alone in a car, so it was going to be towed, and that means an inventory would be conducted. Hidden in an open container was false identity documents, and he’s charged with aggravated identity theft. He doesn’t even get an evidentiary hearing because the papers are sufficient. The parties filed the reports and the inventory policy. United States v. Exume, 953 F. Supp. 2d 319 (D. Mass. 2013).*

=> Read more!

FourthAmendment.com

Notes on Use

July 2013
Sun Mon Tue Wed Thu Fri Sat
<< < Current > >>
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      

Search

by John Wesley Hall
Criminal Defense Lawyer and
  Fourth Amendment consultant
Little Rock, Arkansas
Contact / The Book
Search and seizure law consulting
www.johnwesleyhall.com

© 2003-14, online since Feb. 24, 2003

HWC e
URL hits since 2010

~~~~~~~~~~~~~~~~~~~~~~~~~~

Fourth Amendment cases,
citations, and links

Latest Slip Opinions:
U.S. Supreme Court
(Home)
Federal Appellate Courts Opinions
  First Circuit
  Second Circuit
  Third Circuit
  Fourth Circuit
  Fifth Circuit
  Sixth Circuit
  Seventh Circuit
  Eighth Circuit
  Ninth Circuit
  Tenth Circuit
  Eleventh Circuit
  D.C. Circuit
  FDsys: Many district courts
  FDsys: Many federal courts
  FDsys: Other
  Military Courts: C.A.A.F., Army, AF, N-M, CG
State courts (and some USDC opinions)

Google Scholar
Advanced Google Scholar
Google search tips
LexisWeb
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $

Most recent SCOTUS cases:
2009 to date:

2013-14 Term:
  Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog)
  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
  Stanton v. Sims, 134 S.Ct. 3, 187 L. Ed. 2d 341 (Nov. 4, 2013) (per curiam)
  Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog)
  Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term:
  Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
  Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog)
  Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
  Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
  Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog)
  Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term:
  Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
  Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
  United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
  Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

2010-11 Term:
  Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
  Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
  Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
  Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)

2009-10 Term:

  Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
  City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)

2008-09 Term:
  Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
  Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
  Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
  Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
  Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (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
  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

  FBI Domestic Investigations and Operations Guide (2008) (pdf)
  DEA Agents Manual (2002) (download)
  DOJ Computer Search Manual (2009) (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 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

"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!”
Pepé Le Pew

"There is never enough time, unless you are serving it."
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)


Misc

XML Feeds

What is RSS?

Who's Online?

  • jineunreali Email
  • boypepelelync Email
  • excexycheetry Email
  • gopiestinee Email
  • scargaice Email
  • immuctiohic Email
  • huangenk Email
  • deannydwerm Email
  • essexisalaync Email
  • exitiettwesee Email
  • oppopezed Email
  • vomozigocog Email
  • shodiaded63 Email
  • pyncnachind Email
  • jolosizezef Email
  • nakreinia Email
  • sypecrucceeme Email
  • driertyrord Email
  • hildevavalm Email
  • carpinteyroujt Email
  • outletsofn Email
  • ketitesetug Email
  • word31rhmwm Email
  • repflielt Email
  • autociava Email
  • wearsehem Email
  • abileachali Email
  • outletaqa Email
  • teartgrittink Email
  • illilmbiostus Email
  • jinonoforse Email
  • Guest Users: 153

powered by
b2evolution