Archives for: August 2013, 12

08/12/13

Permalink 04:14:56 pm, by fourth, 57 words, 465 views   English (US)
Categories: General

NYDN: NYC pays $363,500 to suspects beaten, falsely arrested by narcotics cops

Permalink 03:16:35 pm, by fourth, 32 words, 254 views   English (US)
Categories: General

BuzzFeed: This Is What It Looks Like When Your Phone Tracks Your Every Move

BuzzFeed: This Is What It Looks Like When Your Phone Tracks Your Every Move by Charlie Warzel:

Sure, we know we’re being tracked, but now we know what it looks like.

Permalink 11:43:42 am, by fourth, 90 words, 652 views   English (US)
Categories: General

S.D.N.Y.: NYC's stop and frisk policy held unconstitutional

NYC's stop and frisk policy held unconstitutional. Floyd v. City of New York, 959 F. Supp. 2d 540, 959 F. Supp. 2d 668 (S.D. N.Y. 2013) (Part I (Findings and Conclusion) here (198 pages); Part II (remedies) here (39 pages))

NYT: Stop-and-Frisk Practice Violated Rights, Judge Rules:

In a repudiation of a major element in the Bloomberg administration’s crime-fighting legacy, a federal judge has found that the stop-and-frisk tactics of the New York Police Department violated the constitutional rights of minorities in New York, and called for a federal monitor to oversee broad reforms.

Permalink 07:53:52 am, by fourth, 112 words, 356 views   English (US)
Categories: General

D.Idaho: Consent to search a house includes the garage

Consent to search a house includes the garage. United States v. Aguirre, 2013 U.S. Dist. LEXIS 112738 (D. Idaho August 7, 2013).

Defense counsel filed a motion to suppress cocaine which was heard but wasn’t ruled on. The cocaine came in at trial without objection. Defense counsel wasn’t ineffective because there was consent, and it would not have been suppressed. Blitch v. State, 323 Ga. App. 677, 747 S.E.2d 863 (2013).*

Defendant was on supervised release, and he was released from a halfway house to live in an apartment, and his apartment was searched under the release terms. It was reasonable. He had no reasonable expectation of privacy. United States v. Edelman, 726 F.3d 305 (2d Cir. 2013).

Permalink 07:46:56 am, by fourth, 580 words, 1522 views   English (US)
Categories: General

IA: Officer unreasonably stalled stop to give drug dog time to arrive

The officer here stalled the defendant with conversation that led to no reasonable suspicion in an effort to give the drug dog time to arrive: Suppressed. State v. Hanrahan, 2013 Iowa App. LEXIS 844 (August 7, 2013):

=> Read more!

Permalink 07:35:40 am, by fourth, 85 words, 426 views   English (US)
Categories: General

ABAJ: Innocent people face loss of their homes because of drug charges against family members

Permalink 07:30:51 am, by fourth, 1001 words, 538 views   English (US)
Categories: General

D.Vt.: Bona fide emergency pinging of defendant’s cell phone to find him was lawful

Bona fide emergency pinging of defendant’s cell phone to find him did not violate the Stored Communications Act or the Fourth Amendment. United States v. Caraballo, 963 F. Supp. 2d 341 (D. Vt. 2013):

=> Read more!

Permalink 06:59:46 am, by fourth, 175 words, 230 views   English (US)
Categories: General

E.D. Tenn.: A search warrant for files in a white collar case permitted a search of a desk

A search warrant for files in a white collar case permitted a search of a desk. United States v. Morgan, 2013 U.S. Dist. LEXIS 112480 (E.D. Tenn. August 9, 2013), R&R 2013 U.S. Dist. LEXIS 113402 (E.D. Tenn. June 24, 2013).

Defendant’s wife had standing to consent to a complete search of defendant’s vehicle and a duffle bag in the back seat. He was 100' away by his own volition, and the police weren’t circumventing him as a source of consent. United States v. Scott, 2013 U.S. Dist. LEXIS 111790 (E.D. Tenn. August 8, 2013), R&R 2013 U.S. Dist. LEXIS 112648 (E.D. Tenn. July 9, 2013).

A person driving a car with permission of the owner has standing to challenge its search. Officers were justified in a frisk in a high crime area where people were seen carrying guns in the past, and defendant’s conduct was such that was effectively resisting contact with officers and a frisk, heightening their fear he might be armed. United States v. Ray, 2013 U.S. Dist. LEXIS 111852 (D. Neb. July 15, 2013).*

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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

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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:
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  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
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  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)


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