- WaPo: Opinion: Breonna Taylor’s death sparked remarkable changes to no-knock raids across America
- CA6: One controlled buy from a house is PC for SW
- NY: Failure to swear to facts of standing dooms motion to suppress
- NY dissent: NY’s pre-Rodriguez cases are suspect
- D.Kan.: Def had a loaner car loaned by a person with no authority over it; no standing
online since Feb. 24, 2003
WebPage Visits: real non-robot hits since 2010; approx. about 35,000 posts since 2003
Fourth Amendment cases,
citations, and links
Latest Slip Opinions:
U.S. Supreme Court (Home)
Federal Appellate Courts Opinions
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)
Advanced Google Scholar
Google search tips
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $
S. Ct. Docket
Solicitor General's site
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):
Google Scholar | Google
LexisOne Legal Website Directory
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com (4th Amd)
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
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."
“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
"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: Reasonableness
D.Idaho: Officer can inquire of passenger’s history when contemplating turning over vehicle to passenger on driver’s arrest
“This case presents what appears to be an issue of first impression: Whether, following Rodriguez and Landeros, an officer who has reasonable suspicion that the driver of a vehicle has committed an arrestable offense (as opposed to a traffic infraction) … Continue reading
“At most, Gowen’s assertion about the similarity of the smells of hemp and marijuana calls into question the reasonableness of the officer’s belief that he smelled burnt marijuana. Assuming for purposes of this appeal that Gowen’s assertion is correct (even … Continue reading
“The officer’s order to step out of the vehicle and his directive to stand by the patrol car were reasonable under the Fourth Amendment. See Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977) (per curiam). The officer lawfully initiated the … Continue reading
Based on the undisputed facts (such that a hearing isn’t required), defendant’s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. “Here, Officer … Continue reading
The state supreme court having found defendant’s arrest unlawful, his statement during the arrest should have been suppressed. People v. Hammerlund, 2021 Mich. App. LEXIS 3773 (June 17, 2021) (2-1) (dissent). Detention under the Material Witness Statute that was validly … Continue reading
There was justification for seizure of defendant’s cell phone in plain view because it might have evidence of a crime on it. The four month delay in obtaining a search warrant for the phone was reasonable under all the circumstances, … Continue reading
Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading
This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading
Tribal police have the inherent authority to stop and search non-Indians on tribal lands for potential violations of tribal, state, or federal law. United States v. Cooley, 2021 U.S. LEXIS 2816 (June 1, 2021). The syllabus:
Defendant wasn’t seized just by the officer pointing a gun at him; it was when he raised his hands and submitted. “Here, because the officers were responding to a call about an individual with a firearm and Officer Davis reasonably … Continue reading
Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn’t matter that the state charged him with the assault two months … Continue reading
Inevitable discovery also supports the consent search of defendant’s cell phone obtained at the Sarita, Texas checkpoint. The officers had probable cause and told him they’d get a search warrant and he consented instead. The matter was clearly under active … Continue reading
In Arizona, Fourth Amendment claims are decided first, then state constitutional claims. Google+, acting completely on its own, searched defendant’s photos folder stored with there. Moreover, it was only shown to be protecting its private business interests, not aid the … Continue reading
Defendant’s arrest based on the officer’s two calls to dispatch insisting there was a warrant for defendant was reasonable reliance on a mistake of another under Herring. State v. Gilliland, 2021 Kan. App. LEXIS 21 (May 14, 2021). The French … Continue reading
The stop and search of defendant’s person was not constitutionally unreasonable, including the fact the officer wasn’t wearing a mask. United States v. Wright, 2021 U.S. Dist. LEXIS 83603 (D. Kan. Apr. 30, 2021). Defendant’s submissions in this excessive force … Continue reading
Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021). The officer’s stop of defendant’s … Continue reading
Defendant was stopped for riding a bicycle with no helmet. The single question about possessing firearms didn’t unreasonably extend the stop. “Because the question asked here, whether Defendant had any firearms, is perhaps the most basic of inquiries related to … Continue reading
The officer’s stop of defendant for not having a license on his bike per local ordinance was reasonable. Defendant’s flight justified his detention and seizure of his backpack. CoA denied. Thomas v. Sec’y, Dep’t of Corr., 2021 U.S. App. LEXIS … Continue reading
State child services officers came to defendant’s door to take her child away. She refused and ran back into the house with officers in pursuit. This warrantless entry and a second entry to collect clothes for the child were unreasonable. … Continue reading