{"id":10646,"date":"2014-04-04T11:10:01","date_gmt":"2014-04-04T17:10:01","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?page_id=10646"},"modified":"2014-04-15T08:04:58","modified_gmt":"2014-04-15T13:04:58","slug":"notes-on-use","status":"publish","type":"page","link":"https:\/\/fourthamendment.com\/?page_id=10646","title":{"rendered":"Notes on Use"},"content":{"rendered":"
\n

NOTES ON USE<\/strong>
\nA. Ground Rules:
\n1. THIS WEBSITE IS NOT A REPLACEMENT FOR THE BOOK. It is: (a)
\na daily summary of search and seizure cases and news, and (b)
\nan aid to owners of the book to supplement it. See \u00b6s 5-6
\nof the disclaimer in part B at the end of this page. [I get feedback
\nfrom those who tell me that some users of this website find that
\n“has too much information” and “is unusable.”
\nThese users do not know what this website is for, they never paid
\nattention to the first sentence above when it was on the home
\npage, and they cannot be helped if they think this substitutes
\nfor the book.] Let’s be realistic here: I get royalties from the
\nbook and supplement, and I am not about to compromise Lexis’ ability
\nto sell them which hurts both of us.
\n2. Acronyms: These should be obvious to those involved in the
\ncriminal justice system:
\nBOLO = be on the look out
\nCI = confidential informant
\nDL = driver’s license
\nGFE = good faith exception
\nIAC = ineffective assistance of counsel
\nLEO = law enforcement officer (a police term, not a lawyer term)
\nMSJ = motion for summary judgment
\nPC = probable cause
\nPO = probation or parole officer
\nQI = qualified immunity
\nREP = reasonable expectation of privacy
\nRS = reasonable suspicion
\nSI = search incident
\nSJ = summary judgment
\nSW = search warrant
\nUA = urinalysis
\n* = a case unlikely to make it to the supplement because it involves
\na basic RS or PC finding or is factbound or redundant.
\n2. A footnote ending in “.1” or the like indicates new
\ntext in the supplement. Not having the book and current supplement
\nwill make one’s research incomplete.
\n3. Timing of Postings:
\na. Case citations come to me through a Lexis Eclipse\u00ae search
\narriving around 5:30 a.m. Central Time. Postings to this website
\nare made usually, depending upon various factors in my real work
\nschedule and life, within three hours of receipt from Lexis. I
\nam a practicing criminal defense lawyer, and I cannot bring myself
\nto work on the web site on days I am in trial or having an appellate
\nargument first thing in the morning. I can tell from usage statistics
\nthat the first peak in usage is around 9 a.m. Eastern Time, and
\nI try to meet that goal, but I cannot guarantee it.
\nb. Supreme Court cases are noted as soon as I find out about them
\nand I can get the syllabus either from the Court’s website or
\nLexis. If I am in court or on the road when that happens, that
\nposting will be late, but it will be up as soon as possible. I
\nhave occasionally beat the news services in posting cases because
\nI was looking for a case and quickly found it posted, but I also
\nfind out about most from list servs and news reports. If, however,
\nI am in trial, I can’t be posting immediately. (The day the Supreme
\nCourt called in 1995 to say I won Wilson v. Arkansas I was in
\ntrial until 6 p.m. that evening.) This website did not exist back
\nthen, but that is an example.
\nc. Every once in a while, a case either slips through the Eclipse
\nsearch, I must have overlooked it, or it becomes published after
\nit was passed over because I believed it was unpublished or it
\nslipped through the Eclipse net. In those cases, the case is noted
\nas soon as it is found. Some courts have cases in the hands of
\nLexis overnight, but some take months. I see a pattern developing,
\nbut I’m not yet revealing what the states are. You can see some
\nat change of the new year. Sometimes states take several months
\nto get their cases to Lexis.
\nd. Updated citations are posted as long as new citation comes
\nout while the case is still on the home page. Periodically, time
\npermitting, all citations are run through Lexis Shepards\u00ae
\nto insure completeness.
\n4. Unreported cases: Unreported cases do not get posted because
\nthey usually lack authority in their local jurisdiction. I simply
\ndo not have the time to read unreported cases, too. I already
\naverage 8 hours a week on this website, and nonpublished cases
\njust aren’t relevant 99.5% of the time. Once in a while, a court
\nburies a good case in unpublished, and I find out about it and
\nuse it. Some states don’t publish, but everything is potential
\nauthority. Ohio, for example.
\n5. The author is a practicing criminal defense lawyer whose expertise
\nin search and seizure cases is available for retained consultation
\nand representation. The author does, however, provide free limited
\nconsultation for criminal defense lawyers who are members of NACDL.
\nIf you think I am too expensive, you should consider hiring my
\nassociates.<\/p>\n

B. Disclaimer and Other Legalese:
\n1. LexisNexis\u00ae has no connection to this web site.
\n2. The use of this website does not constitute the rendering of
\nlegal advice by the author to the reader.
\n3. Without access to the printed book and its current paper supplement,
\nparts of this electronic supplement may appear to or be misleading.
\nTherefore, readers run the risk of taking something out of context.
\n4. Every effort is made to update this web site daily before 9
\na.m. Eastern and to periodically Shepardize\u00ae the citations.
\nAs stated above in A.3.a., I have a day job and answerable to
\ncourts, clients, and other obligations. And, I try to have a life.
\nAll of this sometimes limits this website to being updated late
\nin the day or only every other day. It happens. I can tell by
\nusage statistics that visits really start after 9 a.m. Eastern,
\nso that is my goal.<\/p>\n

C. Copyright Notices
\n1. Readers are free to cut and paste the content of this website
\nfor e-mails or CLE papers as long as they note the source of the
\nmaterial as this website, www.fourthamendment.com and Search and
\nSeizure (5th ed. 2013). As stated below, no copyright is claimed
\nby me in material that I quote, so that source must be noted.
\n2. Quotations from articles and cases are intended to be covered
\nby the fair use doctrine of the Copyright Act, 17 U.S.C. \u00a7
\n107. There is no intent to infringe. Besides, I don’t have the
\nspace, and I want readers to go to the original for the full text.
\nA good lawyer always checks the source (at least they used to).
\n3. \u00a9 2003-14 by John Wesley Hall, Jr. No copyright claimed
\nby the author in quotes from other sources.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

NOTES ON USE A. Ground Rules: 1. THIS WEBSITE IS NOT A REPLACEMENT FOR THE BOOK. It is: (a) a daily summary of search and seizure cases and news, and (b) an aid to owners of the book to supplement … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":10,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-10646","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/pages\/10646","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10646"}],"version-history":[{"count":7,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/pages\/10646\/revisions"}],"predecessor-version":[{"id":10937,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/pages\/10646\/revisions\/10937"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}