Fourthamendment.com
Fourthamendment.com has summaries of search-and-seizure cases and news, intended as a supplement for the book Search and Seizure, published by Lexis Law Publishing.
Author: Author John Wesley Hall Jr. is a criminal defense lawyer in Little Rock, Ark.
Blawg Related Categories: Constitutional Law • Criminal Justice • Solo / Small Firm • Private Defense
Recent Posts from Fourthamendment.com
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Defendant's disclaiming interest in the premises was a lack of expectation of privacy
Defendant disclaimed interest in the premises searched, which included its trash, in which he would have no expectation privacy anyway. United States v. Jones, 2008 U.S. Dist. LEXIS 66744 (E.D. Mo. May 21, 2008).* Defendant's…
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D.Mass: Reasonable suspicion is lower when the possible crime is more grave
Shortly after the Madrid train bombing, a Boston officer just trained in terrorism investigation saw a van parked outside an MBTA station that was of interest. Another officer drove up and approached the defendant in…
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N.J.: Defendant's employer could consent to a search of company computer with defendant's personal files on it
Defendant's employer could consent to a search of company computer with defendant's personal files on it. Defendant had no reasonable expectation of privacy in the computer files. Defendant was suspected of theft from the company,…
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When IRS satisfies Powell for a subpoena, there is no Fourth Amendment claim
When the IRS satisfies Powell's minimal requirements for enforcement of a summons for records, there is no Fourth Amendment claim. United States v. Clark, 2008 U.S. Dist. LEXIS 66358 (D. Conn. August 29, 2008): Mr.…
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Democracy Now! arrested in St. Paul at RNC
A reporter and producer with Democracy Now!, including Amy Goodman, were arrested for, as they say, no apparent reason at the RNC in St. Paul yesterday. How ironic. The transcript of their story is here.…
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KS: Questions of passenger about travel plans were too intrusive and extended stop
Kansas holds that Muehler v. Mena cannot be applied to a traffic stop, following State v. Smith, 286 Kan. ___, Syl. P 2, 184 P.3d 890 (2008). Questions of the passenger about their travel plans…
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DE: Arrest of bystander to drug operation was without factual basis
Defendant was a bystander to a drug operation, and there was no reasonable suspicion tying him to the operation to justify his detention. Lopez-Vazquez v. State, 2008 Del. LEXIS 391 (August 29, 2008): The observed…