Archives for: December 2013, 11

12/11/13

Permalink 02:24:24 pm, by fourth, 75 words, 392 views   English (US)
Categories: General

WaPo: NSA uses Google cookies to pinpoint targets for hacking

WaPo: NSA uses Google cookies to pinpoint targets for hacking by Ashkan Soltani, Andrea Peterson, and Barton Gellman:

=> Read more!

Permalink 02:16:47 pm, by fourth, 37 words, 354 views   English (US)
Categories: General

Law.com: Does Local Surveillance Of Call Data Breach the Fourth?

Permalink 01:16:29 pm, by fourth, 185 words, 345 views   English (US)
Categories: General

New Yorker: STATE OF DECEPTION, Why won’t the President rein in the intelligence community?

Permalink 10:46:27 am, by fourth, 803 words, 408 views   English (US)
Categories: General

CA1: While SW “is certainly not a model of precise drafting,” it is not constitutionally infirm

Defendant was charged with wire fraud in a scheme that had him trafficking in stolen computer parts. Local police discovered it and passed it to the FBI. A search warrant for his house produced 170 boxes of parts and his computer. Files on the computer helped prove the fraud. The warrant was not overbroad and the entirety had to be read in context. While the search warrant “is certainly not a model of precise drafting,” it is not constitutionally infirm. Besides, the good faith exception applies. United States v. Kuc, 737 F.3d 129 (1st Cir. 2013):

=> Read more!

Permalink 10:32:19 am, by fourth, 154 words, 225 views   English (US)
Categories: General

D.Minn.: Failure to allege a reasonable expectation of privacy in place searched or things seized fatal

Defendant moved to suppress, but he did not claim a reasonable expectation of privacy in the place searched or the things seized, so he cannot prevail. [Note I didn’t say “standing.”] United States v. Rogers, 2013 U.S. Dist. LEXIS 173175 (D. Minn. August 29, 2013).*

One Beckman had possession of defendant’s cell phone and he showed child pornography pictures on it to a police officer who then took the phone for a search warrant. The initial seizure was private, and the showing to the police was not unreasonable. United States v. Rasmussen, 2013 U.S. Dist. LEXIS 172437 (D. Minn. December 6, 2013),* R&R 2013 U.S. Dist. LEXIS 172880 (D. Minn. October 9, 2013).*

If the search in this case were based on inventory, defendant would win, but it can be justified by search incident and it’s valid. United States v. Vance, 2013 U.S. Dist. LEXIS 172187 (E.D. Mo. November 7, 2013), adopted 2013 U.S. Dist. LEXIS 171493 (E.D. Mo., Dec. 5, 2013).*

Permalink 08:51:54 am, by fourth, 470 words, 405 views   English (US)
Categories: General

M.D.Pa.: “Documentary evidence” of the Latin Kings as a DTO were properly seized

“Paraphernalia” in a search warrant does not make it overbroad. “This is consistent with other courts that have found that the use of ‘paraphernalia’ in a warrant is sufficiently particular.” The same with “documentary evidence,” including documents about the Latin Kings as a drug distribution group. The cell phones found were properly seized as well. United States v. Ramsey, 2013 U.S. Dist. LEXIS 172391 (M.D. Pa. December 5, 2013):

=> Read more!

Permalink 08:34:47 am, by fourth, 364 words, 380 views   English (US)
Categories: General

CA6: QI protects against suit over movement from home confinement to actual custody

Qualified immunity protects government employees from a claim that the due process clause and Fourth Amendment create an interest between home confinement and movement to actual custody. As in qualified immunity, “no relevant authority existed at the time of the incident.” And, of course, the Fourth Amendment issue goes undecided in this circuit. Ortega v. United States Immigration & Customs Enforcement, 737 F.3d 435 (6th Cir. 2013)*:

=> Read more!

Permalink 08:17:51 am, by fourth, 155 words, 297 views   English (US)
Categories: General

E.D.N.C.: Pulling defendant out of a car without cause was an unreasonable seizure

“In this case, Officer Michael acted with reckless disregard for Crosby's Fourth Amendment rights when he forcibly removed him from the vehicle without probable cause to believe that he was involved in criminal activity. The court finds that the deterrent value of the exclusionary rule in this case outweighs the resulting social costs. The court further finds that the firearm and ammunition were products of the illegal seizure. For these reasons, the firearm and ammunition must be suppressed.” United States v. Crosby, 2013 U.S. Dist. LEXIS 173154 (E.D. N.C. December 10, 2013).*

Officers had both exigent circumstances and consent to take possession of defendant’s cell phone. It was searched with a search warrant. United States v. Thomas, 2013 U.S. Dist. LEXIS 173117 (D. Ariz. December 9, 2013).*

Defendant’s 2255 on defense counsel’s alleged failures to pursue a suppression motion timely is “is pure fantasy.” Rodriguez v. United States, 2013 U.S. Dist. LEXIS 173165 (S.D. N.Y. December 6, 2013).*

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?

  • scargaice Email
  • carpinteyrovyv Email
  • vomozigocog Email
  • noistnoxolo Email
  • spisyfoes Email
  • boypepelelync Email
  • exitiettwesee Email
  • aerothshiesse Email
  • korsmxj Email
  • driertyrord Email
  • cyperewly Email
  • nakreinia Email
  • abileachali Email
  • jineunreali Email
  • jolosizezef Email
  • oppopezed Email
  • iteptinenna Email
  • carpinteyropwx Email
  • infincatmolla Email
  • meftpauntee Email
  • carpinteyrodkl Email
  • himbdyday Email
  • ketitesetug Email
  • hyncassinny Email
  • hildevavalm Email
  • fuhintoneetef Email
  • slepleentaiff Email
  • essexisalaync Email
  • chaphsiperype Email
  • carpinteyrolyn Email
  • illilmbiostus Email
  • excexycheetry Email
  • gopiestinee Email
  • comeensuche Email
  • emunlinuifofs Email
  • immuctiohic Email
  • michaelsvod Email
  • Guest Users: 115

powered by
b2evolution