Archives for: December 2013, 12

12/12/13

Permalink 06:16:33 pm, by fourth, 116 words, 434 views   English (US)
Categories: General

ABAJ: Search warrants served on law firm in loan-modification probe; lawyer faces marijuana charge

Permalink 02:13:47 pm, by fourth, 41 words, 353 views   English (US)
Categories: General

NPR: Portland Police Collect Thousands Of License Plate Numbers

NPR: Portland Police Collect Thousands Of License Plate Numbers by Kristian Foden-Vencil (Oregon Public Broadcasting):

=> Read more!

Permalink 02:09:48 pm, by fourth, 95 words, 270 views   English (US)
Categories: General

NPR: Miami-Area Police Chief Resigns Amid Charges Of Racial Profiling

Permalink 01:54:38 pm, by fourth, 99 words, 289 views   English (US)
Categories: General

WaPo: At Senate hearing, NSA director defends spying program

Permalink 01:17:03 pm, by fourth, 35 words, 282 views   English (US)
Categories: General

Leahy: Tech Industry Supports NSA Reform Measure

Permalink 09:45:13 am, by fourth, 362 words, 396 views   English (US)
Categories: General

OR: Home inspection to defend against assessment appeal didn't violate Fourth Amendment (updated)

Taxpayers challenged an assessment of their house after it was built, then refused an inspection. When the Department of Revenue sought an inspection, they defended on Fourth Amendment grounds. The inspection did not violate the Fourth Amendment because they put the value of the house in issue. Bleoaja v. Dep't of Revenue, 20 OTR 102, 2010 Ore. Tax LEXIS 206 (July 19, 2010):

=> Read more!

Permalink 08:27:53 am, by fourth, 55 words, 303 views   English (US)
Categories: General

WaPo: How much is your privacy worth? $350 a year, according to AT&T

Permalink 07:59:33 am, by fourth, 125 words, 193 views   English (US)
Categories: General

OH6: Invalid extraterritorial arrest violates state constitution

Invalid extraterritorial arrest by local LEO on state highway under exclusive jurisdiction of Highway Patrol didn’t violate the Fourth Amendment, but it did violate the state constitution. State v. Brown, 2013-Ohio-5351, 4 N.E.3d 452 (6th Dist. 2013).

There was reasonable suspicion by collective knowledge for the stop of defendant. State v. Widner, 2013 Ida. App. LEXIS 89 (December 10, 2013).*

There was probable cause for defendant’s arrest based on the criminal complaint in the file. His car was validly searched at the time of his arrest under the automobile exception. His cell phone was seized incident to the arrest but a separate search warrant was issued for it, the validity of which isn’t contested. United States v. Thompson, 2013 U.S. Dist. LEXIS 172623 (S.D. N.Y. December 3, 2013).*

Permalink 07:26:52 am, by fourth, 350 words, 370 views   English (US)
Categories: General

CA5: Whether an entry is no-knock is based on reasonable suspicion

Whether an entry is no-knock is based on reasonable suspicion. Here it was defendant being armed during the drug transactions that led to the search warrant. United States v. Rodriguez, 2013 U.S. App. LEXIS 24495 (5th Cir. December 10, 2013):

=> Read more!

Permalink 07:15:52 am, by fourth, 126 words, 348 views   English (US)
Categories: General

LA: “Smurfing” pseudoephedrine from a Wal-Mart was reasonable suspicion; empty blister packs in car was PC

Four people apparently “smurfing” pseudoephedrine from a Wal-Mart was reasonable suspicion. When the officer got to the car, he could see many empty blister packs in plain view in the back seat and that was probable cause of manufacturing methamphetamine. State v. Duhe, 130 So. 3d 880 (La. 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?

  • ujogjvfr Email
  • jinonoforse Email
  • merzerenunc Email
  • autociava Email
  • iteptinenna Email
  • deannydwerm Email
  • gopiestinee Email
  • excexycheetry Email
  • vemaddidgetat Email
  • boypepelelync Email
  • gypeplaipiz Email
  • suegreefult Email
  • fuhintoneetef Email
  • ketitesetug Email
  • exitiettwesee Email
  • noistnoxolo Email
  • alobabera Email
  • spisyfoes Email
  • scargaice Email
  • nakreinia Email
  • illilmbiostus Email
  • outletguq Email
  • aerothshiesse Email
  • michaelsjrn Email
  • shourryhego Email
  • essexisalaync Email
  • wearsehem Email
  • slepleentaiff Email
  • abileachali Email
  • jolosizezef Email
  • immuctiohic Email
  • comeensuche Email
  • j5rqydkhcx Email
  • hyncassinny Email
  • sypecrucceeme Email
  • teartgrittink Email
  • chaphsiperype Email
  • vomozigocog Email
  • korspmm Email
  • Guest Users: 155

powered by
b2evolution