Archives for: September 2013, 20

09/20/13

Permalink 03:23:55 pm, by fourth, 54 words, 428 views   English (US)
Categories: General

NYT Opinion: Steps Toward a Less Secret Court

NYT Opinion: Steps Toward a Less Secret Court by the Editorial Board:

=> Read more!

Permalink 03:02:28 pm, by fourth, 72 words, 598 views   English (US)
Categories: General

NYDN: Study finds stop-and-frisk leads to mistrust of cops, unwillingness to cooperate with police

Permalink 02:35:43 pm, by fourth, 3394 words, 1457 views   English (US)
Categories: General

Heritage.org: The Fourth Amendment and New Technologies

Heritage.org: The Fourth Amendment and New Technologies by Paul Larkin:

Abstract:

=> Read more!

Permalink 09:31:26 am, by fourth, 475 words, 467 views   English (US)
Categories: General

CA6: Despite clear testimony of pretext, inventory search still valid

Defendants argued that the inventory of their car was pretextual for an investigative search. There was PC to stop and the decision to impound was reasonable. One officer’s testimony strongly supported pretext, but it was still reasonable on the totality. United States v. Hockenberry, 2013 U.S. App. LEXIS 19296, 2013 FED App. 0281P (6th Cir. September 19, 2013):

=> Read more!

Permalink 09:22:30 am, by fourth, 96 words, 227 views   English (US)
Categories: General

D.Mass.: Neighbor’s report of a woman and child screaming, people crying, and things breaking was an emergency situation

Neighbor’s report of a woman and child screaming, people crying, and things breaking was an emergency situation. When police arrived, door was ajar and a shoe was by the door and nobody would answer. Emergency entry justified. United States v. Arroyo, 2013 U.S. Dist. LEXIS 133399 (D. Mass. September 17, 2013).*

Cooperators gave detailed information that provided probable cause for a search warrant. United States v. Benedict, 2013 U.S. Dist. LEXIS 133374 (D. Minn. August 6, 2013).*

Defendant’s age, education, and familiarity with law enforcement made his consent voluntary. United States v. Thompson, 2013 U.S. Dist. LEXIS 132541 (D. Conn. September 17, 2013).*

Permalink 08:37:06 am, by fourth, 181 words, 357 views   English (US)
Categories: General

CA9: When child porn is involved, the entire computer system involved is subject to seizure and search

The defense conceded probable cause for a child pornography search of computers, but challenged the potential for over seizure. The district court granted relief, but the appellate court reversed. It’s overview: A warrant authorizing an electronic search of all of defendant's computer equipment and digital storage devices was not overbroad, did not raise the risks inherent in over-seizing, and did not violate the Fourth Amendment because evidence showing that defendant possessed and distributed a child pornography video on a peer-to-peer file-sharing network provided probable cause to search defendant's entire computer system and his digital storage devices for any evidence of possession of or dealing in child pornography, and the government had no way of knowing which or how many illicit files there might be or where they might be stored, or of describing the items to be seized in a more precise manner; because there was probable cause to believe that defendant was a child pornography collector, defendant's entire computer system and all his digital storage devices were suspect. United States v. Schesso, 2013 U.S. App. LEXIS 19256 (9th Cir. September 18, 2013).

Permalink 08:20:04 am, by fourth, 225 words, 438 views   English (US)
Categories: General

D.Kan.: 16 LEOs in house and misleading defendant about consent made consent involuntary

Consent given when 16 agents were in the house, some in tactical gear, was not consensual. United States v. Piceno, 2013 U.S. Dist. LEXIS 133056 (D. Kan. September 17, 2013):

=> Read more!

Permalink 08:15:04 am, by fourth, 690 words, 425 views   English (US)
Categories: General

IL: The borrower of a car has standing to contest GPS installation

The borrower of a car has standing to contest GPS installation. Even Jones was driving his wife’s car. People v. Leflore, 2013 IL App (2d) 100659, 996 N.E.2d 678 (2013):

=> Read more!

Permalink 08:08:52 am, by fourth, 69 words, 255 views   English (US)
Categories: General

AOL: Cop Throws Family To Ground During Traffic Stop; A concerned bystander captured the encounter on tape

AOL: Cop Throws Family To Ground During Traffic Stop; A concerned bystander captured the encounter on tape

Question why you're stopped, and you and your family, including your 14 year old son get thrown to the ground. The driver had a gun pointed at his head while lying on the ground next to his son. I'm sure the son now has a new found serious [dis]respect for the police.

Permalink 07:20:42 am, by fourth, 119 words, 219 views   English (US)
Categories: General

CA2: The ability to raise a Fourth Amendment claim in state court is considered collateral estoppel, not just a Stone v. Powell bar

Having the ability to raise a Fourth Amendment claim in state court is considered collateral estoppel [not just a Stone v. Powell bar]. Phelan v. Sullivan, 541 Fed. Appx. 21 (2d Cir. 2013).*

Consent to search a house in the face of getting a search warrant is found voluntary, and the defendant’s version is discounted. There was no threat to arrest his sisters; the officers said they would potentially arrest the sisters if the circumstances justified it. United States v. Thompson, 2013 U.S. Dist. LEXIS 132541 (D. Conn. September 17, 2013).*

Michigan statute authorizes search of a parolee on reasonable suspicion that he’s violating the law, and that complies with Griffin. United States v. Koenig, 2013 U.S. Dist. LEXIS 132350 (E.D. Mich. September 17, 2013).*

Permalink 06:27:34 am, by fourth, 137 words, 323 views   English (US)
Categories: General

ThreatDefense: New Intel Bill Would Force More FISA Court Reporting

Permalink 06:13:56 am, by fourth, 162 words, 296 views   English (US)
Categories: General

ThreatPost: FISC: No Phone Company Ever Challenged Metadata Collection Orders

Permalink 12:39:37 am, by fourth, 318 words, 269 views   English (US)
Categories: General

AK declines to overrule automatic standing--the rule serves a purpose

Defendant was stopped driving a stolen car, and his bag was searched. The court rejects the state’s invitation to overrule automatic standing which was adopted before Salvucci. Jarnig v. State, 2013 Alas. App. LEXIS 96 (September 27, 2013):

=> Read more!

Permalink 12:39:37 am, by fourth, 318 words, 183 views   English (US)
Categories: General

AK declines to overrule automatic standing--the rule serves a purpose

Defendant was stopped driving a stolen car, and his bag was searched. The court rejects the state’s invitation to overrule automatic standing which was adopted before Salvucci. Jarnig v. State, 2013 Alas. App. LEXIS 96 (September 27, 2013):

=> Read more!

Permalink 12:39:37 am, by fourth, 318 words, 190 views   English (US)
Categories: General

AK declines to overrule automatic standing--the rule serves a purpose

Defendant was stopped driving a stolen car, and his bag was searched. The court rejects the state’s invitation to overrule automatic standing which was adopted before Salvucci. Jarnig v. State, 2013 Alas. App. LEXIS 96 (September 27, 2013):

=> Read more!

FourthAmendment.com

Notes on Use

September 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          

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?

  • michaelndk Email
  • aerothshiesse Email
  • slepleentaiff Email
  • oppopezed Email
  • nakreinia Email
  • hildevavalm Email
  • essexisalaync Email
  • immuctiohic Email
  • driertyrord Email
  • jolosizezef Email
  • repflielt Email
  • fuhintoneetef Email
  • boypepelelync Email
  • scargaice Email
  • jineunreali Email
  • comeensuche Email
  • gypeplaipiz Email
  • pyncnachind Email
  • exitiettwesee Email
  • iteptinenna Email
  • word82ihjlu Email
  • vomozigocog Email
  • spisyfoes Email
  • himbdyday Email
  • shourryhego Email
  • emunlinuifofs Email
  • teartgrittink Email
  • vemaddidgetat Email
  • cyperewly Email
  • illilmbiostus Email
  • noistnoxolo Email
  • alobabera Email
  • chaphsiperype Email
  • wearsehem Email
  • gopiestinee Email
  • suegreefult Email
  • Guest Users: 173

powered by
b2evolution