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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16)

by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact: forhall @ aol.com / The Book http://www.johnwesleyhall.com

2003-19,online since Feb. 24, 2003

~~~~~~~~~~~~~~~~~~~~~~~~~~

Fourth Amendment cases, citations, and links

Latest Slip Opinions: U.S. Supreme Court (Home) Federal Appellate Courts Opinions First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit EleventhCircuit D.C. CircuitFederal CircuitForeign Intell.Surv.Ct.FDsys, many district courts, other federal courtsMilitary Courts: C.A.A.F., Army, AF, N-M, CG, SF State courts (and some USDC opinions)

Google Scholar Advanced Google Scholar Google search tips LexisWeb LII State Appellate Courts LexisONE free caselaw Findlaw Free Opinions To search Search and Seizure on Lexis.com $

Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General's site SCOTUSreport 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): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org 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 Privacy FoundationElectronic Frontier Foundation NACDLs 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." Me

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 notto put it mildlyrun 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 Governments 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)

Libertythe freedom from unwarranted intrusion by governmentis 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 meand by that time there was nobody left to speak up." Martin Niemller (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!---Pep Le Pew

Website design by Wally Waller, Little Rock

Read the original here:
fourthamendment.com - CA6: Parking enforcements chalking a ...

The Fourth Amendment includes the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.11 min read

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

To pass muster under the Fourth Amendment, detention must be 'reasonable.' See:

In the context of a criminal arrest, a detention of longer than 48 hours without a probable cause determination violates the Fourth Amendment as a matter of law in the absence of a demonstrated emergency or other extraordinary circumstance. See County of Riverside v. McLaughlin, 111 S.Ct. 1661, 670 ('91). However, the Supreme Court arrived at this rule by considering the time it takes to complete administrative steps typically incident to arrest.

Non-consensual extraction of blood implicates Fourth Amendment privacy rights. Some examples include:

Even in the law enforcement context, the State may interfere with an individual's Fourth Amendment interests with less than probable cause and without a warrant if the intrusion is only minimal and is justified by law enforcement purposes. For example,

The gathering of fingerprint evidence from 'free persons' constitutes a sufficiently significant interference with individual expectations of privacy that law enforcement officials are required to demonstrate that they have probable cause, or at least an articulable suspicion, to believe that the person committed a criminal offense and that the fingerprinting will establish or negate the person's connection to the offense. For example:

Nevertheless, everyday 'booking' procedures routinely require even the merely accused to provide fingerprint identification, regardless of whether investigation of the crime involves fingerprint evidence. See:

Thus, in the fingerprinting context, there exists a constitutionally significant distinction between the gathering of fingerprints from free persons to determine their guilt of an unsolved criminal offense and the gathering of fingerprints for identification purposes from persons within the lawful custody of the state.

The drawing of blood from free persons generally requires a warrant supported by probable cause to believe that a person has committed a criminal offense and that his blood will reveal evidence relevant to that offense. See: Schmerber, 384 U.S. at 768-71; U.S. v. Chapel, ___ F.3d ___, slip op. at 5753-54 (9th Cir.'95) (en banc), but the absence of such a warrant does not a fortiori establish a violation of the plaintiffs' Fourth Amendment rights.

The Supreme Court has noted repeatedly that the drawing of blood constitutes only a minimally intrusive search, as in the following cases:

"An essential purpose of a warrant requirement is to protect privacy interests by assuring citizens subject to a search or seizure that such intrusions are not the random or arbitrary acts of government agents." Skinner, 489 U.S. at 421-2 (holding that a warrant was not required in part because "in light of the standardized nature of the tests and the minimal discretion vested in those charged with administering the program, there are virtually no facts for a neutral magistrate to evaluate").

The Supreme Court recently reaffirmed and expanded the principle first enunciated in Skinner, stating that, in some contexts, "testing based on 'suspicion' of [wrongful activity] would not be better, but worse than suspicionless testing." Acton, 1995 WL 373274, at *8. In Acton, the Supreme Court upheld as constitutional a school district's practice of conducting random, suspicionless urine testing of school athletes for drug use. The Court rejected the proposition that the school district could "conduct such testing only if school officials had suspicion that a specific athlete was using drugs, holding that this alternative 'entails substantial difficulties -- if it is indeed practicable at all." Id. Accusatory drug testing would "transform[] the process into a badge of shame" and would increase the risk that school officials would impose testing arbitrarily upon disfavored, but not drug-using, students. Id.

Except in certain narrowly limited cases, the Court repeatedly has stated its "insist[ence] upon probable cause as a minimum requirement for a reasonable search permitted by the Constitution." Chambers v. Moreny, 399 U.S. 42, 51 ('70). Because "[t]he integrity of an individual's person is a cherished value in our society," searches that invade bodily integrity cannot be executed as mere fishing expeditions to acquire useful evidence: "The interests in human dignity and privacy which the Fourth Amendment protects forbid any such intrusions on the mere chance that desired evidence might be obtained." Schmerber, 384 U.S. at 772, 769-70.

Only when law enforcement faces an exigent circumstance, such as a need to preserve evanescent blood alcohol evidence, and has probable cause to link the sought-after information to a crime under investigation is it constitutional to conduct nonconsensual blood testing without a warrant. Id. at 770-71. Therefore, forced extraction of blood not only 'implicates the Fourth Amendment,' as the majority notes, but also falls squarely within the area of privacy interests for which the traditional probable cause requirement determines reasonableness in the law enforcement context. Forced blood extraction intrudes on the private personal sphere and infringes upon an individual's 'most personal and deep-rooted expectations of privacy.' Winston v. Lee, 470 U.S. 753, 60 ('85).

Schmerber v. California, 384 U.S. 757, 69 ('66). The Schmerber Court posed two questions:

In answering the first question, the Court recognized that it was 'writ[ing] on a clean slate' regarding the treatment of searches that involve intrusions into the human body. Id. at 767-8. It concluded that such searches require probable cause. Id. at 770-1.

Similarly, the Supreme Court in Winston v. Lee, 470 U.S. 753 ('85), recognized that Schmerber's threshold standard was a requirement of probable cause "where intrusions into the human body are concerned," which implicate "deep-rooted expectations of privacy." Id. at 761, 760. The Winston Court then acknowledged "other factors'' [b]eyond these standards that must be considered in determining whether a particular intrusion is reasonable. For instance, whether "the procedure threatens the safety or health of the individual" and "the extent of the intrusion upon the individual's dignitary interests." Id. at 761 (emphasis added).

In regard to the additional 'dignitary' factor (beyond the threshold inquiry of invasion of bodily integrity), the Winston Court noted Schmerber's recognition that blood extraction is not 'an unduly extensive imposition.' Id. at 762. The Court contrasted this lesser bodily invasion, which the Schmerber Court had upheld upon demonstration of probable cause, with the more drastic measure of dangerous surgery to recoup criminal evidence, which the Winston Court concluded would violate the individual's Fourth Amendment rights even when supported by probable cause.

Thus again, the context of the quotation demonstrates that the Court places blood extraction squarely within the probable cause requirement because it is an invasion of bodily integrity, while at the same time acknowledging that it is a less extensive imposition on dignitary interests than surgical removal of a bullet.

The unique situation in which the Supreme Court has approved suspicionless searches in the traditional law enforcement context includes the practice of stopping motorists at sobriety checkpoints. See Michigan Dep't of State Police v. Sitz, 496 U.S. 444 ('90). The Sitz Court relied on well-settled law that motorists have a lessened expectation of privacy regarding stops and visual searches of automobiles on the nation's roadways. Id. at 450 (explaining the importance of the context of 'police stops of motorists on public highways'). At these sobriety checkpoints, which motorists may choose to avoid, only the initial brief stop and preliminary questioning may take place without individualized suspicion: "more extensive field sobriety testing" requires justification. Id. at 450-2.

Like the highway sobriety checkpoints, the 'special needs beyond normal law enforcement' rationale supports searches on lesser grounds than probable cause only in a very few, carefully tailored regulatory contexts that do not involve apprehension of criminal perpetrators. See, for example, National Treasury Employees Union v. Von Raab, 489 U.S. 656, 65-66 ('89) (applying the special needs exception to suspicionless quasi-consensual drug testing of Customs Service employees seeking transfer to positions having a direct involvement in drug interdiction).

The special needs exception covers testing which "is not designed to serve the ordinary needs of law enforcement [because] . . . results may not be used in criminal prosecution." Von Raab, 489 U.S. at 666 (emphases added). Even so, a search in the special needs context almost always requires individualized suspicion. See the following cases:

Nonetheless, routine searches that intrude into prisoners' bodies without probable cause may be upheld only when the search is undertaken pursuant to a valid prison regulation that is reasonably related to a legitimate penological objective. For instance:

Individuals have a categorically different and lesser expectation of privacy in their fingerprints, visual images, or voice prints.

The Fourth Amendment provides no protection for what 'a person knowingly exposes to the public'. Like a man's facial characteristics, or handwriting, his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world.

Blanket searches are unreasonable, however "even-handed" they may be, in the traditional criminal law enforcement context. See, e.g., Ybarra v. Illinois, 444 U.S. 85, 91-2, 92 n.4 ('79) (invalidating a blanket pat-down search of all patrons in a tavern, even though there was probable cause to search the bartender and the premises). The ill that the Fourth Amendment prevents is not merely the arbitrariness of police discretion to single out individuals for attention, but also the unwarranted domination and control of the citizenry through fear of baseless but "even-handed" general police searches.

In Zurcher, the Supreme Court held that a search of the offices of a university newspaper, which was not involved in any criminal activity, for photographs of demonstrators who had assaulted police officers did not offend the Fourth Amendment's ban against unreasonable searches and seizures. The court concluded: "[T]he Amendment has not been a barrier to warrants to search property on which there is probable cause to believe that fruits, instrumentalities, or evidence of crime is located, whether or not the owner or possessor of the premises to be searched is himself reasonably suspected of complicity in the crime being investigated." Zurcher v. Stanford Daily ('78) 436 U.S. 547, 549-50.

Fourth Amendment protects the "right of the people to be secure in their persons . . . against unreasonable searches and seizures." The essence of that protection is a prohibition against some modes of law enforcement because the cost of police intrusion into personal liberty is too high, even though the intrusion undoubtedly would result in an enormous boon to the public if the efficient apprehension of criminals were the sole criterion to be considered. "The easiest course for [law enforcement] officials is not always one that our Constitution allows them to take." Wolfish, 441 U.S. at 595 (Stevens, dissenting).

A permanent resident alien is entitled to constitutional protection. For example:

Martinez v. Nygaard, 831 F.2d 822, 824, 826-28 (9th Cir.'87) (analyzing whether seizures of three resident aliens complied with Fourth Amendment).

Read more here:
Fourth Amendment | UpCounsel 2019

U.S. Jurisdictions resolved to not enforce certain gun control laws

Second Amendment sanctuary refers to resolutions adopted by some jurisdictions in the United States to not expend resources to enforce certain gun control measures perceived as violative of the Second Amendment. Examples include the Second Amendment Preservation Ordinance in Oregon[1] and the Second Amendment Protection Act in Kansas.[2] The "sanctuary" nomenclature is an allusion to sanctuary cities, jurisdictions that have resolved to not assist federal enforcement of immigration laws against illegal aliens.[3][4][5][6]

On September 10, 2013, Governor Sean Parnell signed HB 69.[7][8] The text can be read here.[9]

On March 19, 2014, Governor Butch Otter signed SB 1332.[10][11] The text can be read here.[12] Previously, HJM 3 was passed in 2009.[13] That text can be read here.[14]

On April 16, 2013, Governor Sam Brownback signed the Second Amendment Protection Act.[15][2] The text can be read here.[16]

35 out of 64 counties have adopted Second Amendment sanctuary resolutions:[17][18][19][20][21][22][23][24][25][26]

62 out of 102 counties and 1 city have adopted Second Amendment sanctuary resolutions:[28][29][30][31][32]

3 out of 23 counties have adopted Second Amendment sanctuary resolutions:[33]

Eureka sheriffs have vowed to defy the universal background check law in response to the universal background check law passed in February 2019.[34]

4 out of 16 counties have adopted Second Amendment sanctuary resolutions:[35]

30 out of 33 county sheriffs have signed a letter by the New Mexico Sheriffs Association vowing to not assist in enforcing certain gun control.[36]

25 out of 33 counties have adopted Second Amendment sanctuary resolutions;[37][38] Taos initially passed a resolution[39] but later repealed it.[40]

The SAFE Act was passed in 2013. After passage, New York counties started passing resolutions opposing the SAFE Act. There are currently 52 out of 62 counties with such resolutions. The New York State Sheriffs Association sued to block the law.[48]

1 out of 62 counties and 1 town have adopted resolutions against some gun control:[49]

1 out of 100 counties have adopted Second Amendment sanctuary resolutions:[50]

13 out of 36 counties have adopted Second Amendment sanctuary resolutions:[51][52][53][54]

24 out of 39 counties have sheriffs that have vowed to not enforce I-1639 while it is being challenged in court:[55][56][57]

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Second Amendment sanctuary - Wikipedia

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Please note that all salary figures are approximations based upon third party submissions to Indeed. These figures are given to the Indeed users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

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Discover how to build a brand through social media marketing and why the best crisis management plan is an organized strategy in this conversation between Major League Soccer player and SNHU student Heath Pearce and Dr. Patricia Spirou, chairwoman of SNHU's marketing department.

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As a private, nonprofit university, SNHU has one mission - to help you see yourself succeed. The benefits of earning your MS Marketing degree online at SNHU include:

Acceptance decisions are made on a rolling basis throughout the year for our 5 graduate terms. You can apply at any time and get a decision within days of submitting all required materials. To apply, simply contact an admission counselor, who can help you explore financial options. Your counselor can also walk you through the application process, which involves completing a graduate application ($40 fee) and providing undergraduate transcripts.

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Develop practical managerial skills in multinational market research, branding, consumer behavior, sales, and product development in a global market. Study topics including budgeting, market entry, local market development, and global market integration. Assess foreign market conditions in mature, new growth, and emerging market environments for developing effective international marketing strategies.

MKT 500 Marketing Strategies

This course is a study of the activity by which organizations discover consumer and other organizations' needs and wants, and then provide satisfaction through a mutually beneficial relationship. Students will explore the topics of selecting a target market, conducting marketing research, and designing product, price, promotional, and distribution strategies through the development of a marketing plan.

MKT 605 Integrated Marketing Communications

This course is concerned with the development, evaluation, and implementation of integrated marketing communication strategies in complex environments. The course deals primarily with an in-depth analysis of a variety of concepts, theories, facts and analytical procedures, techniques and models in topics that include various communication functions, media alternatives and the integrated marketing communication concept.

MKT 618 Marketing Analytics

This course will look at a number of quantitative tools and techniques and their application in a marketing context. The course will focus on understanding the relationship among marketing factors, variables, and the consumer. Students will learn how to analyze data in order to guide and support marketing related decisions.

MKT 620 Consumer Behavior and Marketing

This course focuses on the market's consumer behavior by investigating its psychological, sociological, economic, and anthropological influences, both theoretical and research based. Designing effective marketing strategies will be explored using the knowledge of these influences.

MKT 625 Strategic Internet Marketing

This course will introduce students to the Internet marketing landscape. Through exploring platforms, players and technology, the students will have a better understanding of the business models used in online marketing. Understanding consumer behavior in an online environment will help in creating integrated online strategies. All these, together with theories of online campaign development and management, with a hands-on approach to marketing automation and intelligence will provide the frame work for a comprehensive understanding of strategic internet marketing.

MKT 675 Ethical and Legal Issues in Marketing

This course examines a range of ethical issues facing marketing managers as seen through the viewpoints of various comprehensive ethical theories. The goal is for students to develop their own ethical framework for making marketing decisions within the knowledge of the various ethical theories and U.S. marketing laws. Traditional topics such as ethics in marketing research, product liability, selling, advertising, and pricing are covered. Emerging ethical issues such as international marketing, competitive intelligence, socially controversial products, privacy, and corporate policies are also examined. However, topics may change to reflect current business concerns. The course is taught using a seminar format utilizing cases and readings.

MKT 700 Marketing Capstone

This capstone course is the culminating experience for the M.S. in Marketing program. The aim of the capstone is to assess students' ability to synthesize and integrate the knowledge and skills they have developed throughout their coursework, rather than introducing new concepts. This course is structured to support student success in fulfilling program requirements.

MKT 555 Social Media Marketing

Explore possibilities and limitations of contemporary social media platforms and tools. Construct and evaluate social media content, its impact, and practical use in marketing context. Analyze general strategic uses of social media for advertising, marketing, public relations, journalism, and civic and political participation. Gain hands-on experience with several forms of the most current social media technology.

MKT 645 Online Marketing Channels

This course will expose students to online marketing channels, such as, social media platform and players, and measurement and analysis. Marketing channels such as internet display advertising, remarketing, email marketing, affiliate marketing, mobile marketing, video marketing, virtual worlds, gaming, and public relations will also be examined.

MKT 655 Social Media Marketing Strategy

This course will develop the students' ability to effectively and successfully create, and implement a social media marketing campaign and evaluate as well as measure its success. Intensive skill building will be placed on creating, applying and integrating the appropriate social media tool that will enable marketers to build high-value relationships with their constituencies. The course will focus on key elements such as determining and matching social media tactics with the appropriate target market and developing strategies to engage those markets using relevant social media channels.

MKT 666 Social Media Marketing Campaigns

This course will develop the student's ability to effectively and successfully create and implement a social media marketing campaign and evaluate as well as measure its success. Intensive skill building will be placed on creating, applying and integrating the appropriate social media tools to meet the marketing objectives of the organization. The course will focus on key elements such as a) audience, b) campaign objectives, c) strategic plan, d) tactics, e) tools, and f) metrics to measure the campaign.

Total Credits: 36

Tuition rates for SNHU's online degree programs are among the lowest in the nation. We offer a 25% tuition discount for U.S. service members, both full and part time, and the spouses of those on active duty.

*Tuition Rates are subject to change and are reviewed Annually.

Additional Costs:$40 Application Fee, $150 Graduation Fee, Course Materials ($ varies by course)

Southern New Hampshire University is a private, nonprofit institution accredited by the New England Commission of Higher Education as well as several other accrediting bodies. More...

This program is accredited by ACBSP.Consumer information is available on the College Navigator.

*Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Advertising, Promotions, and Marketing Managers, on the Internet at https://www.bls.gov/ooh/management/advertising-promotions-and-marketing-managers.htm (visited December 15, 2017). Cited projections may not reflect local and/or short-term economic or job conditions and do not guarantee actual job growth.

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Masters in Social Media Marketing Online | MS Marketing