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: John Wesley Hall Jr. is a solo practitioner in Little Rock, Ark. He also often consults on legal ethics matters in domestic, military and international jurisdictions and authors LawOfCriminalDefense.
Blawg Related Categories: Constitutional Law • Criminal Justice • Consultant • Solo / Small Firm • Private Defense
Recent Posts from Fourthamendment.com
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DE: No Fourth Amendment right in prison mail
In its first time to address the issue, the Delaware Supreme Court holds that there is no First or Fourth Amendment right in prison mail that was read and seized by prison officials. Johnson v.…
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CA10: Defendant consented to each step of his searches
Search did not exceed the duration of defendant's consent because (1) defendant repeatedly consented to the searches; (2) defendant's consent contained no limitation on the duration of the search; (3) at no time did defendant…
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E.D.Mich.: Under Patane, a Miranda violation does not preclude using product to get a search warrant
Defendant was on parole for felony eavesdropping as a peeping tom. He was encountered doing it again, and six police officers stopped him at 2 a.m. on his bicycle and questioned him, and he admitted…
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CA: DNA description in a warrant pending
The California Supreme Court just heard argument on whether a DNA profile is particular enough for an arrest warrant. See Calif. Justices Seem OK With DNA-Based Warrant by Mike McKee of The Recorder on Law.com:…
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N.D.Ill.: Court does not believe officer on cause for stop and suppresses
If you think police officers will stop people and make up a cause, see this case where the court just does not buy the justification for the stop after listening to the officer testify. United…
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WI: In a knock-and-talk, opening door and slamming it was justification for an entry to prevent destruction of evidence
Officers conducted a knock-and-talk, and defendant opened the door, saw the police, and slammed the door. That was sufficient exigency of possible destruction of evidence to justify the police entry. State v. Phillips, 2009 Wisc.…
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OH9: Permission to enter after the fact did not make defendant a social guest with a reasonable expectation or privacy
Defendant and two others were found to have no reasonable expectation of privacy in a friend's house where they were seen entering the apartment, and others called police and the friend. The police entered and…