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- NY3: No REP in SHU surveillance
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- Forbes: FinCEN Says Corporate Transparency Act (CTA) Reports Are Voluntary Following Court Decision
- S.D.W.Va.: Issuance of a criminal citation is not a seizure
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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
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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 -
© 2003-24,
online since Feb. 24, 2003 Approx. 425,000 visits (non-robot) since 2012 Approx. 45,000 posts since 2003 (27,400+ on WordPress as of 7/23/24) -
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Fourth Amendment cases,
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Congressional Research Service:
--Electronic Communications Privacy Act (2012)
--Overview of the Electronic Communications Privacy Act (2012)
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"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me -
"Life is not a matter of holding good cards, but of playing a poor hand well."
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others) -
“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!”
---Pepé Le Pew "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)
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Category Archives: Strip search
Leftovers
2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading
W.D.Pa.: Use of coarse language during prison strip search didn’t make it unreasonable
Prison strip search was not unconstitutional. “Shepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. … Continue reading
OH7: Postal worker’s information about defendant’s cash and mail was PC for warrant
A postal worker’s information that defendant had lots of cash and was receiving packages that smelled like marijuana was probable cause for his house. State v. Middleton, 2024-Ohio-5172, 2024 Ohio App. LEXIS 3877 (7th Dist. Oct. 28, 2024).* The use … Continue reading
OH: Negligent disposal of def’s car in impound while he was in jail wasn’t done in bad faith
Police searched defendant’s car at the impound lot, and he was sent certified mail to tell him to pick it up or it would be disposed of. They mailed it to his house while he was in jail so he … Continue reading
N.D.Okla.: Pipe on console of MMJ card holder not PC for plain view
A pipe on the car console of a MMJ card holder was not “immediately apparent” it was incriminating for plain view. United States v. Vasquez, 2024 U.S. Dist. LEXIS 174528 (N.D. Okla. Sep. 25, 2024). Plaintiff filed his Fourth Amendment … Continue reading
CA6: Electronic devices were “property under his control” subject to search while on supervised release
Defendant’s electronic devices were “property under his control” subject to search while on supervised release. United States v. Ramadan, 2024 U.S. App. LEXIS 23276 (6th Cir. Sep. 11, 2024). Plaintiff pleads an unreasonable strip search in prison, but the necessary … Continue reading
CA5: Drug dog jumping in already open window not unreasonable
Drug dog’s spontaneously jumping in the vehicle window that was down when the stop began wasn’t directed by the officer and didn’t violate the Fourth Amendment. United States v. Wilson, 2024 U.S. App. LEXIS 19424 (5th Cir. Aug. 2, 2024). … Continue reading
CA11: While prison visitor strip search violated 4A, SCOTUS and this circuit have never ruled, so QI applies [and QI reigns supreme]
A prison visitor was fully strip searched on entry into a Georgia state prison. This search violated the Fourth Amendment. But, because this circuit and SCOTUS have never confronted this issue, the law is not “clearly established” and she loses … Continue reading
M.D.La.: Strip searches in investigative stops is enjoined
The Baton Rouge PD’s strip search policy of detainees in an investigative stop on less than probable cause is enjoined. “[T]he Court finds that, for any search beyond a frisk or pat-down of a citizen stopped pursuant to an investigatory … Continue reading
CA2: Briefly seeing occupants of a house searched nude was not unreasonable
Under Los Angeles County v. Rettele, plaintiffs’ nude exposure to searching officers during a raid on a home wasn’t unreasonable. Jury verdict for defendants affirmed. Also, this was not a strip search. Miller v. City of N.Y., 2024 U.S. App. … Continue reading
CA9: Boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce
A boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce rule. United States v. Jones, 2024 U.S. App. LEXIS 14481 (9th Cir. June 12, 2024). The government satisfied the independent source doctrine showing that it … Continue reading
E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes
Plaintiff’s claim of a cross-gender jail strip search with a transgender guard was not clearly established at the time it happened, so the claim is barred by qualified immunity. West v. Eckstein, 2024 U.S. Dist. LEXIS 104294 (E.D. Wis. June … Continue reading
N.D.Tex.: Prison shakedown search that included strip searches was reasonable
Prison shakedown search that included strip searches was reasonable. “The foregoing sufficiently demonstrates the fittingness of these strip searches under the Fourth Amendment. These routine strip searches, which occur only twice per year, require the upheaval of all prisoners and … Continue reading
Cal.1: GFE applied to probation search term
The good faith exception applied to defendant’s probation search. The officer checked and reasonably concluded that defendant was still on searchable probation at the time. People v. Pritchett, 2024 Cal. App. LEXIS 348 (1st Dist. May 8, 2024), certified for … Continue reading
CA7: Strip search was reasonable, no matter the motive
Plaintiff’s strip search was objectively reasonable, no matter the subjective intent that motivated it. Jones v. Degrave, 2024 U.S. App. LEXIS 10953 (7th Cir. May 6, 2024). Plaintiff doesn’t show that GPS monitoring as a condition of his state probation … Continue reading
D.Colo.: Terry frisk of backpack unreasonable when def handcuffed and 15′ away
Defendant was handcuffed behind his back and was 15′ from his backpack. “Terry does not, however, automatically permit the search of a detainee’s bag, particularly where the bag is completely inaccessible to the detainee. Indeed, numerous courts have found bag … Continue reading
CA7: Warranted strip search in a private secure setting was conducted reasonably
“Shaw raises three responses, but they are unavailing. First, he contends that the officers did not follow Wisconsin and local laws that instruct officers to obtain written authorization from a supervisor before a strip search. But a violation of state … Continue reading
CA7: Not following state and local laws on strip searches doesn’t make one unreasonable
“Shaw raises three responses, but they are unavailing. First, he contends that the officers did not follow Wisconsin and local laws that instruct officers to obtain written authorization from a supervisor before a strip search. But a violation of state … Continue reading
S.D.N.Y.: Ptf prisoner pled enough to survive motion to dismiss because of an unnecessary and potentially abusive strip search
Prison search case: “Plaintiff alleges that his clothes were ripped off during the assault, he was left naked on the floor with his boxers barely on, and the C.E.R.T. Defendants searched him ‘without any [l]egitimate penological purpose for the strip … Continue reading
NY3: SW for person doesn’t include body cavity search unless reason for such search was shown
“Even where a search warrant has been previously obtained, it is axiomatic that such ‘warrant exists and is required not simply to permit, but to circumscribe police intrusions’ …. Here, the search warrant that had been previously obtained authorized the … Continue reading