Archives for: December 2013, 10

12/10/13

Permalink 01:47:30 pm, by fourth, 110 words, 382 views   English (US)
Categories: General

The Atlantic: E.L. Doctorow Wishes There Had Been More Outrage About the NSA

Permalink 01:41:17 pm, by fourth, 61 words, 353 views   English (US)
Categories: General

KTVU.com: SF public defender accuses police of racial profiling

Permalink 09:20:06 am, by fourth, 226 words, 268 views   English (US)
Categories: General

D.Nev.: Air cleaner under hood proper place for inventory; guns are often hidden there

Defendant was stopped in an apartment complex, and he was going to be arrested. The passenger had no DL. Since neither lived in the complex, the decision was made to impound the vehicle. The air cleaner box in the engine compartment can be searched under inventory. “The officers testified that they have found firearms in other air cleaner boxes. The air cleaner box on the subject vehicle was large enough to contain a pistol and holster.” United States v. Torres, 2013 U.S. Dist. LEXIS 172312 (D. Nev. July 10, 2013), adopted 2013 U.S. Dist. LEXIS 172308 (D. Nev. December 6, 2013).

Defendant was questioned at a campsite in Tennessee about allegedly having public sex with an underage girl he was camping with. While the encounter was two hours long, defendant was cooperative, and the investigation moved along. It was not a “stop” under Terry, and defendant admitted he was cooperative and didn’t feel under arrest. United States v. Partin, 2013 U.S. Dist. LEXIS 172236 (M.D. Ala. September 4, 2013).*

There was an arguably invalid search of defendant’s motel room, but a search warrant was issued. Even without the information from the invalid search there was probable cause for the warrant, and the motion to suppress is denied. United States v. Hill, 2013 U.S. Dist. LEXIS 172752 (N.D. Ga. August 26, 2013),* adopted United States v. Hill, 2013 U.S. Dist. LEXIS 172059 (N.D. Ga. December 6, 2013).*

Permalink 08:17:57 am, by fourth, 166 words, 257 views   English (US)
Categories: General

S.D.Cal.: Not searching computer within 90 day limit in SW not prejudicial

In this child pornography case, the search warrant had a 90 day processing clause to search the contents of the computer. On the 90th day, an application was filed with the USMJ for more time to do that, and it was signed after the 90th day. Violations of Rule 41 do not automatically lead to suppression, and this one doesn’t either because there is no prejudice. Also, this is not a violation of the Fourth Amendment, so no exclusion. United States v. McKany, 2013 U.S. Dist. LEXIS 171826 (S.D. Cal. December 4, 2013).*

No standing in the search of the cell phone of another person (and it was searched under a warrant). There was probable cause for the search of his motel room based on detailed information from potential crime victims. United States v. Hill, 2013 U.S. Dist. LEXIS 172059 (N.D. Ga. December 6, 2013).*

U.S. Navy police had reasonable suspicion to stop defendant for suspicion of DUI. United States v. Carlysle, 2013 U.S. Dist. LEXIS 171777 (E.D. Va. December 5, 2013).*

Permalink 07:43:56 am, by fourth, 1031 words, 386 views   English (US)
Categories: General

Cal.4th: DNA taking is reasonable on balance, and can be used to solve cold cases

In California, DNA is taken from all felony arrestees, and defendant’s was put into the state CODIS and he was linked to cold case burglaries and sex offenses. The seizure and use of his DNA was reasonable. Balancing the privacy interests in what part of the DNA is used and how against the governmental interests, this taking and use of DNA is reasonable under the Fourth Amendment. People v. Lowe, 221 Cal. App. 4th 1276 (4th Dist. November 15, 2013), published December 4, 2013:

=> Read more!

FourthAmendment.com

Notes on Use

December 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?

  • chaphsiperype Email
  • underoqv Email
  • essexisalaync Email
  • driertyrord Email
  • pyncnachind Email
  • repflielt Email
  • slepleentaiff Email
  • excexycheetry Email
  • tomgeenxoq Email
  • jinonoforse Email
  • jolosizezef Email
  • nakreinia Email
  • jineunreali Email
  • himbdyday Email
  • iteptinenna Email
  • deannydwerm Email
  • gopiestinee Email
  • exitiettwesee Email
  • emunlinuifofs Email
  • hildevavalm Email
  • merzerenunc Email
  • abileachali Email
  • carpinteyromds Email
  • oppopezed Email
  • fuhintoneetef Email
  • boypepelelync Email
  • vomozigocog Email
  • carpinteyroebz Email
  • wearsehem Email
  • suegreefult Email
  • carpinteyropgh Email
  • teartgrittink Email
  • vemaddidgetat Email
  • hyncassinny Email
  • noistnoxolo Email
  • alobabera Email
  • ketitesetug Email
  • comeensuche Email
  • scargaice Email
  • illilmbiostus Email
  • cyperewly Email
  • anndylum Email
  • shourryhego Email
  • spisyfoes Email
  • Guest Users: 184

powered by
b2evolution