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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:
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Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
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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
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NACDL’s Domestic Drone Information Center
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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!”
"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)
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Category Archives: Drones
WaPo: Maryland police drones aid in searches, crash investigations, but raise privacy concerns
WaPo: Maryland police drones aid in searches, crash investigations, but raise privacy concerns by Alison Knezevich:
WSJ: The Next Big Privacy Concern Is Up in the Air
WSJ: The Next Big Privacy Concern Is Up in the Air Katy McLaughlin: As more drones take flight, wealthy homeowners grapple with how to shield themselves from prying eyes in the sky
Law.com: What’s Next: Thinking About Privacy Post-Carpenter + Getting Ahead of Drone Law
Law.com: What’s Next: Thinking About Privacy Post-Carpenter + Getting Ahead of Drone Law by ALM Staff: We caught up with USC law professor Orin Kerr to talk about the pressures that digital technology places on the Fourth Amendment and where … Continue reading
Crime Report: Drones and the Fourth Amendment: Do ‘Eyes in the Sky’ See Too Much?
Crime Report: Drones and the Fourth Amendment: Do ‘Eyes in the Sky’ See Too Much? by Lauren Sonnenberg:
Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone
Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone by Walter Olson:
EFF: Does the Government Really Need this Much Power to Deal with an Attack of the Drones?
EFF: Does the Government Really Need this Much Power to Deal with an Attack of the Drones? by India McKinney and Andrew Crocker
The Atlantic: Drone Cops Take Flight in Los Angeles
The Atlantic: Drone Cops Take Flight in Los Angeles by Geoff Manaugh: The L.A. County Sheriff has deployed a quadcopter drone for rescue and reconnaissance. But will the public accept that these aerial officers come in peace?
Chicago Reader: Groups fight huge expansion of police drone monitoring of protests
Chicago Reader: Groups fight huge expansion of police drone monitoring of protests by Freddy Martinez: Civil liberties groups are pushing back against proposed legislation in Illinois that would allow police to dramatically expand the use of drones to monitor large … Continue reading
NYLJ: Swarms of Drones: Collecting Data and Delivering Potential Liabilities
NYLJ: Swarms of Drones: Collecting Data and Delivering Potential Liabilities by Paul B. Keller:
California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment
California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment By Kevin Moon and Brandon Franklin: The use of drones spurs reassessment of time-honored privacy concerns.
Cato: LAPD Drones Threaten Privacy
Cato: LAPD Drones Threaten Privacy by Matthew Feeney:
The Economist: More police departments and other first-responders are using drones
The Economist: More police departments and other first-responders are using drones
Boston Globe: Should Massachusetts require police to obtain search warrants to use drones for investigations?
Boston Globe: Should Massachusetts require police to obtain search warrants to use drones for investigations? by Bradley H. Jones Jr., Massachusetts House minority leader, North Reading Republican:
Bloomberg: Police Push Tracking for Civilian Drones
Bloomberg: Police Push Tracking for Civilian Drones by Alan Levin:
Delaware News Journal: Drones finding different ways to help public safety
Delaware News Journal: Drones finding different ways to help public safety by Esteban Parra: “In the future, drones will likely provide routine automated supplemental patrol functions by following an algorithm to take off, patrol a specific area, and return to … Continue reading
The Guardian: Drone complaints soar as concerns grow over snooping
The Guardian: Drone complaints soar as concerns grow over snooping by Haroon Siddique: Complaints to police include claims of burglary ‘scoping’, mid-air near-misses and the smuggling of contraband into prisons.
AP: Peeping Drones Crime Bill Clears Indiana Senate
AP: Peeping Drones Crime Bill Clears Indiana Senate: Anyone using the advanced technology of an aerial drone to undertake the age-old crime of voyeurism could be charged with a new offense under a measure approved by the Indiana Senate. In … Continue reading
Law.com: Privacy and Data Security Top List of Questions for Legal Experts About Drones
Law.com: Privacy and Data Security Top List of Questions for Legal Experts About Drones by Gabrielle Orum Hernández, Legaltech News: Uncertainty continues for legal experts and policymakers around issues of privacy and data security raised by the influx of drones … Continue reading
Tucson.com: Sahuarita police expect to use drones by December
Tucson.com: Sahuarita police expect to use drones by December by Carmen Duarte:
