waller
Archives
-
Recent Posts
- Army: PC shown for picture files in other apps on cell phone
- GA: State post-conviction petitioner arguing no “full and fair opportunity” to litigate 4A claim fails
- CA10: Ptfs pled enough to get past QI on PC showing for social media warrant
- D.N.H.: Private entrance third floor apartment’s curtilage is the hallway leading to it
- N.D.Tex.: Room searches in center for sexually violent predators same as a prison cell search
-
-
ABA Journal Web 100, Best Law Blogs (2015-17) (then discontinued)
-
-
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com
Search and Seizure (6th ed. 2025)
www.johnwesleyhall.com -
© 2003-26,
online since Feb. 24, 2003 Approx. 600,000 visits (non-robot) since 2012 Approx. 50,000 posts since 2003 (29,000 on WordPress as of 12/31/25) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases,
citations, and links -
Latest Slip Opinions:
U.S. Supreme Court (Home)
S.Ct. Shadow Docket Database
Federal Appellate Courts Opinions
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit
Sixth Circuit
Seventh Circuit
Eighth Circuit
Ninth Circuit
Tenth Circuit
Eleventh Circuit
D.C. Circuit
Federal Circuit
Foreign Intell.Surv.Ct.
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)
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
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 Foundation
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."
—Me -
"Life is not a matter of holding good cards, but of playing a poor hand well."
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others) -
“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 -
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848) -
"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, Let it Bleed (album, 1969) -
"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] -
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.”
– John le Carré, The Night Manager (1993), line by Richard Roper -
"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."
—Johnson v. United States, 333 U.S. 10, 13-14 (1948) -
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
Website design by Wally Waller, Colorado Springs. 
Author Archives: Hall
Army: PC shown for picture files in other apps on cell phone
There was probable cause to search the picture files in defendant’s cell phone beyond the app defendant used. It was reasonable to conclude pictures could be moved between places on the phone. United States v. Ingram, 2026 CCA LEXIS 119 … Continue reading
GA: State post-conviction petitioner arguing no “full and fair opportunity” to litigate 4A claim fails
Post-conviction petitioner trying to set up getting around Stone on federal habeas fails. Gines v. State, 2026 Ga. LEXIS 87 (Mar. 12, 2026)*:
CA10: Ptfs pled enough to get past QI on PC showing for social media warrant
Plaintiffs pled enough to overcome qualified immunity that the search warrants at issue here were objectively without probable cause including a social media warrant. Armendariz v. City of Colo. Springs, 2026 U.S. App. LEXIS 7362 (10th Cir. Mar. 12, 2026). … Continue reading
D.N.H.: Private entrance third floor apartment’s curtilage is the hallway leading to it
Plaintiff lived in a third floor apartment in a building where only he had a key and access, and tht was his curtilage. (Apparently the door was unlocked when this entry occurred.) The individual official entered without knocking and getting … Continue reading
N.D.Tex.: Room searches in center for sexually violent predators same as a prison cell search
Plaintiff is sexually violent predator confined in the Texas Civil Commitment Center. Room searches there are governed by the same rationale as prison cell searches. Welsh v. Pearson, 2026 U.S. Dist. LEXIS 50445 (N.D. Tex. Mar. 11, 2026). Even if … Continue reading
D.Ariz.: PC for forfeiture is similar to PC for a warrant
Probable cause for forfeiture is similar to probable cause for a warrant. United States v. Tetherus, 2026 U.S. Dist. LEXIS 49868 (D. Ariz. Mar. 11, 2026)*:
Cal.2: Officers didn’t need to periodically reassess exigency
Exigency here did not need to be periodically reassessed. “Once inside, police were not required to interrupt their efforts to seek a warrant. Officers on the scene must be able to devote their full attention to the threat they face. … Continue reading
DE: Second warrant after first general warrant was independent source for search
The trial court held the warrant for defendant’s cell phone was a general warrant for overbreadth but the independent source doctrine saved the second search warrant after the first search. “All Delaware Superior Court cases addressing the instant issue support … Continue reading
CT: Exclusionary rule does not apply in animal welfare cases which are civil
The animal control officer did a welfare check on animals at a house and entered the curtilage to look in a window. The exclusionary rule does not apply in animal welfare cases. NE Conn. Council of Gov’ts Animal Servs. ex … Continue reading
ID: AW for suspected passenger allowed police to enter curtilage to look in parked car at night
Officers could enter defendant’s curtilage to look in his just parked car at night. They had an arrest warrant for a suspected passenger and they couldn’t tell whether she was in the car before it was parked under Payton. State … Continue reading
CO: Vague description in arrest warrant didn’t justify def’s stop
The description of an arrestee as a 30ish male with the last name starting in “Mc” didn’t justify defendant’s detention in a park. People v. McGee, 2026 CO 14 (Mar. 9, 2026):
NY3: Housing law that requires landlords to submit to premises and records searches is unconstitutional
Section 8 housing law that requires landlords to submit to premises and records searches is unconstitutional. Matter of People of the State of N.Y. v. Commons W., LLC, 2026 NY Slip Op 01253 (3d Dept. Mar. 5, 2026). Leave to … Continue reading
E.D.N.Y.: Inevitable discovery doesn’t cure errors
Defendant’s cell phone was unreasonably seized and the contents suppressed. Inevitable discovery isn’t as broad as the government argues. United States v. Patchiav, 2026 U.S. Dist. LEXIS 47106 (E.D.N.Y. Mar. 7, 2026)*:
TX6: Seizing thermometer’s protective sleeve from hospital waste for DNA was reasonable
The officer getting the protective sleeve from a hospital thermometer to test for defendant’s DNA wasn’t unreasonable. Mundt v. State, 2026 Tex. App. LEXIS 2126 (Tex. App. – Texarkana Mar. 6, 2026) (unpublished). After an initial inspection of this vessel, … Continue reading
CA6: PO’s information that def was probably at a house was enough to arrest him there on a warrant
Information from his PO justified defendant’s arrest on a warrant at his brother’s place. He’d been arrested there before, and he was seen there. Officers did not need to exclude other possible places he should have been first. United States … Continue reading
NYCo.: Arrests can’t be suppressed
“Defendant was charged with committing specific acts of violence against an identifiable person, who reported the incident. An arrest itself cannot be suppressed as fruit of the poisonous tree, and defendant himself was not a suppressible fruit. Nor was he … Continue reading
CA8: Police with arrest warrant could enter third-party premises to arrest defendant
Police with a warrant for defendant could enter a third party’s premises to arrest him on probable cause that he was present. Under Steagald, defendant had no more reasonable expectation of privacy in the third party’s premises than the owner … Continue reading
What happens when Flock ALPRs misread an LPN?
Arkansas police drew guns on a family, then blamed a license plate frame.
D.Neb.: Just because the state seizes a cell phone doesn’t mean they know the Brady implications of the contents
Just because the state seizes a cell phone doesn’t mean they know the Brady implications of the contents. Moss v. Jeffreys, 2026 U.S. Dist. LEXIS 45716 (D. Neb. Mar. 4, 2026) (§ 60.58 n.2) 2255 petitioner’s claim that defense counsel … Continue reading