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- NY3: No REP in SHU surveillance
- E.D.Mich.: PC and nexus to cell phone shown by drug deal arranged on an app
- W.D.Tex.: Texas Request to Examine Statute fails under Patel
- 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,
citations, and links -
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Congressional Research Service:
--Electronic Communications Privacy Act (2012)
--Overview of the Electronic Communications Privacy Act (2012)
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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 -
"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: Probation / Parole search
NC: Warrant not needed to access data from GPS for post-conviction supervision
The data generated from the GPS attached to defendant as part of his post-conviction supervision can be accessed by law enforcement without a warrant. State v. Thomas, 2024 N.C. App. LEXIS 687 (Sep. 3, 2024). The Tenth Circuit has made … Continue reading
TX7: Failure to follow inventory procedures at all required suppression
The inventory policy here wasn’t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a … Continue reading
CA10: Failure to mention search condition for supervised release at sentencing cured by it being in judgment
At sentencing, defendant was told that the “standard conditions apply,” and being subjected to warrantless searches was not mentioned. It was, however, in the judgment, and that’s notice enough. United States v. Martin, 2024 U.S. App. LEXIS 22091 (10th Cir. … Continue reading
OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid
After a stop, defendant’s truck was seized and he was told that a search warrant would be sought for it. In the impound lot at 3 and 5 am, defendant showed up in the impound lot and was seen on … Continue reading
NJ: Defense gets discovery of drug dog’s records
Defendant was entitled to discovery of the drug dog’s records to determine the dog’s reliability. State v. Morgan, 2024 N.J. Super. LEXIS 88 (Aug. 21, 2024). Suspicionless supervised release searches are reasonable when applied to child porn offenders. United States … Continue reading
CA4: GPS monitoring for first six months of supervised release was not abuse of discretion [subtext: seems reasonable]
Six months of GPS monitoring of defendant on supervised release was tailored to him and not an abuse of discretion. It was a burden, but those on supervised release have far diminished expectations of privacy. United States v. Ellis, 2024 … Continue reading
CA9: Ptf’s protestations of innocence at arrest doesn’t undermine this arrest warrant
“Farber’s § 1983 claims also fail because she has not shown an underlying constitutional violation. Her arrest did not violate the Fourth Amendment because the arresting officers ‘had a good faith, reasonable belief that [Farber] was the subject of the … Continue reading
S.D.N.Y.: Cell phone SW was “bare bones” on connection to the crime; no PC, no GFE
In this racketeering case, defendant admitted for purposes of the motion to suppress he was in the gang and that people engaged in violent acts. The government never showed probable cause to believe his cell phone had evidence of a … Continue reading
CA11: RS existed on the totality of the stop even though the officer did not intend to issue a traffic ticket
Reasonable suspicion developed to continue the stop even though the officer didn’t intend to issue a traffic ticket. United States v. Martinez, 2024 U.S. App. LEXIS 17675 (11th Cir. July 18, 2024). 2255 petitioner’s ineffective assistance of counsel claim that … Continue reading
CA2: Failure to object at sentencing to a suspicionless search condition was waiver
Failure to object at sentencing to a suspicionless search condition was waiver. United States v. Nash, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024). Defendant had a hearing on a motion to suppress that went undecided when he … Continue reading
CA3 en banc: Driving to controlled buys from house gave PC for house
Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn’t that high. United States v. Sanders, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily … Continue reading
CA11: Cotenant’s knowledge of their cotenant being on probation enough to search them, too
“The Supreme Court has said that a warrantless search of a probationer’s home, supported by reasonable suspicion of criminal activity and authorized by a probation condition, is reasonable under the Fourth Amendment. See United States v. Knights, 534 U.S. 112, … Continue reading
S.D.Miss.: Drug SW permitted search of a safe even though not specified
This drug search warrant didn’t mention a safe, but that was a place where they could be found, so the search was proper. Also, the good faith exception applies. United States v. Manning, 2024 U.S. Dist. LEXIS 109676 (S.D. Miss. … Continue reading
CO: When IP address is the PC for a building, SW permits search of whole building
“This case concerns whether a search for Internet-related evidence that extended to a previously unknown basement apartment was reasonable, even though the apartment was not specified in the warrant. The supreme court holds that 1) the warrant’s reference to the … Continue reading
OH2: Home safe could be searched under probation search waiver
The probation search of defendant’s home safe was reasonable under Knights, Griffin, and state law. State v. Apple, 2024-Ohio-2286, 2024 Ohio App. LEXIS 2166 (2d Dist. June 14, 2024). There was reasonable suspicion to stop defendant in a car, and … Continue reading
CA3: Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression
Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression. United States v. Jackson, 2024 U.S. App. LEXIS 13913 (3d Cir. June 7, 2024). The dashcam video supported the claim defendant was … Continue reading
D.Minn.: Parole cell phone search under MN law was reasonable under 4A
Defendant’s parole cell phone search under Minnesota law was reasonable under the Fourth Amendment. United States v. Guevara, 2024 U.S. Dist. LEXIS 100403 (D. Minn. June 6, 2024). Driving one’s car to controlled buys gives probable cause for the vehicle. … Continue reading