Archives for: December 2013, 21

12/21/13

Permalink 02:58:17 pm, by fourth, 182 words, 383 views   English (US)
Categories: General

NYT: StarChase: A Virtual Alternative to the Hot Pursuit (quoting JWH)

NYT: StarChase: A Virtual Alternative to the Hot Pursuit by Paul Stenquist:

=> Read more!

Permalink 02:51:53 pm, by fourth, 88 words, 190 views   English (US)
Categories: General

NYT: Mr. Obama’s Disappointing Response

Permalink 11:59:01 am, by fourth, 130 words, 178 views   English (US)
Categories: General

IL: State can't rely on parole status to justify search if unknown at time of search

The state can’t rely on parole status to justify a bad search when the officer didn’t know that defendant was on parole. Also, the state’s inevitable discovery argument was expressly waived in the trial court. People v. Coleman, 2013 IL App (1st) 130030, 2 N.E.3d 1221 (2013).

Defendant had no standing to challenge the arrest of codefendants or the search of their car, which was valid anyway under the automobile exception and inventory. United States v. Acosta-Colón, 741 F.3d 179 (1st Cir. 2013).*

Eight minute delay for drug dog was not unreasonable where the reasonable suspicion for the detention was the officer’s reasonable belief the occupants of the car were under the influence from their glazed eyes and slow movements. State v. Valenti, 2013-Ohio-5564, 2013 Ohio App. LEXIS 5811 (9th Dist. December 18, 2013).*

Permalink 09:29:49 am, by fourth, 170 words, 176 views   English (US)
Categories: General

CA3: ICE officers likely unreasonably detained citizens in sweep

ICE officers spent a year collecting a list of Philadelphia taxicab drivers they determined were illegal aliens and ran a sting to get them to come in for a “refund” and detain them. Those who were citizens were still detained for hours so they couldn’t alert others to the sting. They stated a claim for relief they were unlawfully detained under the Fourth Amendment. Lawal v. McDonald, 2013 U.S. App. LEXIS 25203 (3d Cir. December 19, 2013), later opinion 2014 U.S. App. LEXIS 3652 (3d Cir. February 26, 2014).

Defendant’s 2255 claim that defense counsel didn’t file a motion to suppress that was meritorious was not prejudicial even if it was. All that were found were identification documents of the defendant, and that wasn’t even an issue at trial. Therefore, no Strickland prejudice. Sillah v. United States, 2013 U.S. Dist. LEXIS 177577 (S.D. N.Y. December 17, 2013).*

Defendant’s 2255 here is nothing more than an effort to relitigate his motion to suppress. Davis v. United States, 2013 U.S. Dist. LEXIS 177410 (M.D. Fla. December 18, 2013).*

Permalink 08:51:32 am, by fourth, 251 words, 262 views   English (US)
Categories: General

S.D.N.Y.: Consent invalid under threat to get SW where one wouldn't issue

Defendant’s consent was vitiated by the threat to get a search warrant where it was clear that, under New York law, one would not have issued. United States v. Munoz, 2013 U.S. Dist. LEXIS 177576 (S.D. N.Y. December 18, 2013):

=> Read more!

Permalink 08:42:32 am, by fourth, 70 words, 233 views   English (US)
Categories: General

Reuters: In U.S. justice system, the strip-search is common practice

Permalink 08:34:33 am, by fourth, 69 words, 219 views   English (US)
Categories: General

NYT: Obama Weighing Security and Privacy in Deciding on Spy Program Limits

Permalink 08:22:54 am, by fourth, 140 words, 270 views   English (US)
Categories: General

HuffPo: Dire Civil Liberties Predictions For 2014

Permalink 08:01:48 am, by fourth, 64 words, 224 views   English (US)
Categories: General

WSJ: Verizon to Disclose Law Enforcement Requests for Customer Data

Permalink 07:53:34 am, by fourth, 198 words, 280 views   English (US)
Categories: General

Wired: What to Expect From Surveillance Politics in 2014 (Hint: It’s Not Reform)

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
  • jineunreali Email
  • wearsehem Email
  • hildevavalm Email
  • autociava Email
  • vomozigocog Email
  • fuhintoneetef Email
  • emunlinuifofs Email
  • excexycheetry Email
  • ketitesetug Email
  • noistnoxolo Email
  • teartgrittink Email
  • nakreinia Email
  • aerothshiesse Email
  • jinonoforse Email
  • cyperewly Email
  • driertyrord Email
  • exitiettwesee Email
  • repflielt Email
  • illilmbiostus Email
  • comeensuche Email
  • iteptinenna Email
  • himbdyday Email
  • merzerenunc Email
  • abileachali Email
  • meftpauntee Email
  • n8psrzqgca Email
  • immuctiohic Email
  • gopiestinee Email
  • suegreefult Email
  • spisyfoes Email
  • boypepelelync Email
  • anndyaro Email
  • Guest Users: 169

powered by
b2evolution