Archives
-
Recent Posts
- SCOTUS: Barnes v. Felix: The “totality of circumstances” in excessive force cases includes the entire encounter, not just the moments before force was used
- OR: Cell phone SW was fatally overbroad for scope of search
- OH5: Obvious typo in SW paperwork can be overlooked
- D.Neb.: Suits against parole board also subject to Heck bar
- S.D.N.Y.: SW can issue to find evidence of a conspiracy
-
-
ABA Journal Web 100, Best Law Blogs (2015-17) (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 -
© 2003-25,
online since Feb. 24, 2003 Approx. 500,000 visits (non-robot) since 2012 Approx. 47,000 posts since 2003 (30,000+ on WordPress as of 12/31/24) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
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
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 -
"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, Let it Bleed (album, 1969) -
"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)
Website design by Wally Waller, Little Rock 
Category Archives: DNA
LATimes: ‘People should be worried’: 23andMe bankruptcy could expose customers’ genetic data
LATimes: ‘People should be worried’: 23andMe bankruptcy could expose customers’ genetic data by Caroline Petrow-Cohen and Stacy Perman (“Once a promising company briefly valued at $6 billion, 23andMe popularized at-home DNA test kits and spawned a cottage industry of ancestry … Continue reading
NYTimes: 23andMe Files for Bankruptcy Amid Concerns About Security of Customers’ Genetic Data
NYTimes: 23andMe Files for Bankruptcy Amid Concerns About Security of Customers’ Genetic Data by Yan Zhuang (“The genetic testing company 23andMe filed for bankruptcy protection on Sunday after months of uncertainty over its business model and mounting concerns about the … Continue reading
CA11: Refusal to cooperate in taking DNA by SW permitted adverse inference at trial
“The record here demonstrates that the district court did not plainly err by allowing the jury to draw an adverse inference of guilt from Gonzalez’s refusal to provide his DNA even though his counsel was not present. When the government … Continue reading
IN: Handswabbing for evidence doesn’t require advice of rights under state constitution
Handswabbing didn’t require advice of Pirtle rights under Indiana Constitution. DNA swabs don’t. Owens v. State, 2024 Ind. App. LEXIS 316 (Nov. 20, 2024).* The false statements in the affidavit for warrant were neither reckless nor intentional nor even material. … Continue reading
S.D.Cal.: Def counsel’s failure to file a motion to suppress that might have been plausible isn’t IAC per se
“That a motion to suppress or an objection based on trial testimony regarding the aerial surveillance video might have been reasonable falls short of establishing deficient performance by counsel. United States v. Reyes, 2012 U.S. Dist. LEXIS 134866, 2012 WL … Continue reading
D.Utah: Positive CODIS hit justifies SW for DNA for confirmation
“Contrary to Defendant’s view, the positive CODIS hit did not ‘only amount[] to an investigative lead at best ….’ It is well-established that a blood match from a reputable, national database that links a defendant to a crime scene establishes … Continue reading
NY3: Cell phones found in proximity to drugs isn’t PC in itself
The search warrant for defendant’s phone should have been granted. The application for the first warrant to search failed to establish probable cause. While the officer stated in the affidavit that a quantity of drugs were found in the motel … Continue reading
GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI
Swabbing defendant’s hands for DNA while he was handcuffed in an interrogation room was valid as search incident. The DNA was easily destroyed. (Thus exigency too.) Gonzalez v. State, 2024 Ga. LEXIS 203 (Sep. 17, 2024). An warrant still in … Continue reading
MN: Order for buccal swab during pendency of case requires SW
A search warrant is required for a buccal swab after a criminal case is proceeding. State v. Steeprock, 2024 Minn. App. LEXIS 345 (July 29, 2024); State v. Jones, 2024 Minn. App. LEXIS 412 (Aug. 29, 2024). The search warrant … Continue reading
D.Minn.: Warrantless ion scan of car door handle was reasonable
A DNA ion scan of a car door handle was reasonable, relying on United States v. Jones, 2024 WL 1810220 (D. Minn. Apr. 25, 2024), finding no reasonable expectation of privacy in an ion scan on an apartment door from … Continue reading
MN: PC required to get order to produce DNA for comparison to evidence
A court order for defendant’s saliva for a touch DNA comparison required a showing of probable cause. State v. Steeprock, 2024 Minn. App. LEXIS 345 (July 29, 2024). “[T]he record evidence demonstrates that three police officers ran from the police … Continue reading
Reason: New Jersey Wants Your Baby’s Genes
Reason: New Jersey Wants Your Baby’s Genes by Elizabeth Nolan Brown (“Using genomic sequencing, doctors can diagnose diseases and abnormalities, reveal sensitivities to environmental stimulants, and assess a person’s risk of developing conditions such as Alzheimer’s disease. Ernest Post, chairman … Continue reading
N.Mar.Isl.: DNA order in probate case complied with 4A
There was sufficient justification for the court to order a DNA test in a probate matter, and the order complied with the Fourth Amendment. In re Est. of Kapileo, 2024 N. Mar. I. LEXIS 4 (Superior Ct. June 18, 2024). … Continue reading
MN: Warrantless DNA swabbing of apt door violated curtilage
The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading
Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020
Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020 by Andrew Paul (‘The government’s DNA collection program represents a massive expansion of genetic surveillance.’).
WI: Obtaining def’s DNA by ruse wasn’t an illegal search
The state got defendant to lick an envelope and hand it over as part of a ruse. His DNA matched to a cold case. That was not an unreasonable search. State v. Vannieuwenhoven, 2024 Wisc. App. LEXIS 349 (Apr. 30, … Continue reading
WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal
Failure to argue the state constitution to the trial court waived reliance on it on appeal. State v. Troutman, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024). There was reasonable suspicion for lengthening this detention from the fact the LPN … Continue reading
MI: Pants seized incident to arrest can be forensically tested without a SW
Defendant’s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. People v. … Continue reading