-
ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book
www.johnwesleyhall.com© 2003-23,
online since Feb. 24, 2003 Approx. 350,000 visits (non-robot) since 2012 Approx. 45,000 posts since 2003 (25,700+ on WordPress as of 12/31/22)~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
citations, and linksLatest 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
Federal Circuit
Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts
Military Courts: C.A.A.F., Army, AF, N-M, CG, SF
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 $Research Links:
Supreme Court:
SCOTUSBlog
S. Ct. Docket
Solicitor General's site
SCOTUSreport
Briefs online (but no amicus briefs)
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
Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
DOJ Computer Search Manual (2009) (pdf)
Stringrays (ACLU No. Cal.) (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 Frontier Foundation
NACDL’s Domestic Drone Information Center
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“I am still learning.”
—Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's))."Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)"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!”
"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."
---Pepé Le Pew
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)
Website design by Wally Waller, Little Rock
Category Archives: Uncategorized
Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw
The author’s Professional Responsibility in Criminal Defense Practice (4th ed. 2023) uploaded to Westlaw this morning. The book and ebook will be on the Thomson Reuters bookstore shortly. The table of contents is here. The first edition was published in … Continue reading
Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN
Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN:
S.D.Cal.: Databases checked by probation officers showed def was still on probation before probation search; GFE applies
Defendant claimed his probation search was unreasonable because he was off probation when the search occurred. All the evidence, however, shows that the officers acted in good faith because they checked databases, and it all showed he was still on … Continue reading
Did a Tesla rat out its owner?
LATimes: Driver of Tesla that plunged off Northern California cliff arrested; CHP calls crash intentional After examining evidence, investigators “developed probable cause to believe this incident was an intentional act,” and placed Patel under arrest, according to the CHP. Authorities … Continue reading
NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by
NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by Michael Levinson (“A police officer at Nashville International Airport told travelers whose Southwest flights had been canceled that they would be arrested for trespassing if they did not leave … Continue reading
Lawfare Podcast: Chris Slobogin on Virtual Searches
Lawfare Podcast: Chris Slobogin on Virtual Searches by Jen Patja Howell:
N.D.Fla.: SW used to get caller information on Google Voice call
Here, the government got a search warrant for information from Google over who placed a Google voice call. United States v. Alford, 2022 U.S. Dist. LEXIS 219552 (N.D. Fla. Nov. 8, 2022),* adopted, CoA denied, 2022 U.S. Dist. LEXIS 218090 … Continue reading
WaPo: All the ways Amazon’s home gadgets are spying on you
WaPo: All the ways Amazon’s home gadgets are spying on you by Geoffrey A. Fowler (“You may not realize all the ways Amazon is watching your home, your family and you.”). The title inside: Tour Amazon’s dream home, where every … Continue reading
D.Minn.: Request for TRO against cell phone search denied; aside from the fact criminal investigations are almost never enjoined, nothing is shown here to justify even hearing it yet
Plaintiff’s claim that the government’s seizure of his cell phone should be enjoined and it should be returned is denied. There is no proof of service on anybody for the government. (1) There is no effort to comply with F.R.C.P. … Continue reading
techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement
techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement by Tim Cushing:
Working on a book manuscript
Will catch up soon
techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment
techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment by Tim Cushing:
NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions?
NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions? (“Because unpublished opinions aren’t precedential and don’t typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case … Continue reading
E.D.Tex.: Burden on defense to show GFE doesn’t apply
The good faith exception is determined before probable cause. If there is objective good faith, the rest doesn’t matter. The burden is on the defense to show the good faith exception doesn’t apply. United States v. Ledesma, 2022 U.S. Dist. … Continue reading
N.-M.: Forum shopping rejected because USMJ also had jurisdiction over search warrant
NCIS presented a search authorization that a military judge later determined was likely lacking in the showing of probable cause. To remedy that, NCIS did a new affidavit for warrant and presented it to a USMJ also with potential jurisdiction … Continue reading
USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming
USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming (“A review released this year of national police data gathered by the nonprofit Mapping Police Violence found police in the U.S. have … Continue reading
Don’t take CP on a cash run
One search led to another. United States v. Orozco, 2022 U.S. App. LEXIS 20390 (4th Cir. July 25, 2022):
W.D.Ky.: RS not required for knock-and-talk
Reasonable suspicion is not required for a knock-and-talk. United States v. Raley, 2022 U.S. Dist. LEXIS 128634 (W.D. Ky. July 20, 2022). The officer ran defendant’s LPN and it came back with “verify proof of insurance status.” That justified the … Continue reading
D.N.M.: No return of seized phone of election denier lawyer
Plaintiff is a self-described “constitutional lawyer,” and his claim the search warrant for phone wasn’t particular enough or that he had a right to see the warrant to point out defects to the officer before execution is denied. It was; … Continue reading
John Erlichman, President Nixon’s Domestic Policy Advisor:
The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or … Continue reading
