Archives
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Recent Posts
- N.D.N.Y.: DNA by SW in FL in CODIS could be used in NY; defense counsel not IAC for not making def’s argument
- D.Ariz.: Smell of alcohol in the car on Navajo Nation was PC
- NY3: No REP in parole GPS monitoring as to police
- TX: An entry into a person’s homestead for civil discovery has limits
- S.D.W.Va.: Subpoenas for records on advocacy positions violated 1A
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Feedspot’s Best Legal Blogs and Websites 2023-2026,
also, firm website Top 90 Criminal Law Blogs 2026 -
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ABA Journal Web 100, Best Law Blogs (2015-17) (then discontinued)
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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) -
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Fourth Amendment cases, citations, and links -
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FDsys, many district courts, other federal courts
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To search Search and Seizure on Lexis.com $ -
Research Links:
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General (many free):
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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)
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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
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NACDL’s Domestic Drone Information Center
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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)
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“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
MO: Break in chain from Good Samaritan Law entry occurred when def was searched for transport in police car
The Missouri Good Samaritan Law provides immunity from prosecution from evidence of crime found as a result of a medically-related entry. Here, however, defendant was searched before he was placed in a patrol car, and immunity wasn’t what the legislature … Continue reading
CA7: SW affiant doesn’t have to explore all of def’s possible defenses in affidavit
When the affiant officer establishes probable cause for a search warrant, he or she isn’t required to explore all the defenses or affirmative defenses the search target may have to put in the affidavit. Here, this arose in the context … Continue reading
MN: The totality of circumstances claimed to be RS were more innocent that suggesting criminality was afoot
“Altogether, the totality of the circumstances in this record do not amount to particularized suspicion. The officer acknowledged he did not have sufficient evidence to support a DUI investigation. The evidence at the suppression hearing consisted of ‘“otherwise perfectly legal … Continue reading
LA2: SI before arrest was still valid
Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. State v. Gipson, 2024 La. App. LEXIS 1382 … Continue reading
OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid
After a stop, defendant’s truck was seized and he was told that a search warrant would be sought for it. In the impound lot at 3 and 5 am, defendant showed up in the impound lot and was seen on … Continue reading
W.D.Wash.: Warrantless arrest in def’s doorway violated 4A
Defendant’s warrantless arrest in his doorway violated the Fourth Amendment. After objecting, defendant acceded to their demands when they pulled a Taser on him. The remedy of what to do with his statement will be addressed later. United States v. … Continue reading
NM: Def’s new crime after arrest not to be excluded
“We agree with the Court of Appeals that the new crime exception to the exclusionary rule applies and we agree with its analysis of the issue. The exclusionary rule applies only where its deterrence benefits outweigh its societal costs. Strieff, … Continue reading
N.D.Fla.: Speeding stop doesn’t require state to prove officer’s speedometer was properly calibrated
Speeding 10 over the speed limit justified the stop, and the state didn’t have to prove the police car speedometer was properly calibrated. United States v. Powell, 2024 U.S. Dist. LEXIS 153757 (N.D. Fla. Aug. 8, 2024), adopted, 2024 U.S. … Continue reading
The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance
The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance by John Yelland (“In today’s digital age, financial transactions are meticulously tracked by both private companies and government entities. This pervasive financial surveillance often goes … Continue reading
TX14: The dog sniff violated the 4A because the dog’s nose went in the car window
The dog sniff violated the Fourth Amendment because the dog’s nose went in the car window and sniffed the interior. State v. Organ, 2024 Tex. App. LEXIS 6279 (Tex. App. – Houston (14th Dist.) Aug. 27, 2024). “We conclude that … Continue reading
The Guardian: US police use force on 300,000 people a year, with numbers rising since George Floyd: ‘relentless violence’
The Guardian: US police use force on 300,000 people a year, with numbers rising since George Floyd: ‘relentless violence’ by Sam Levin (“Police in the US use force on at least 300,000 people each year, injuring an estimated 100,000 of … Continue reading
CA1: GFE applies to alleged staleness of SW
Defendant operated a pill-making operation in his house for years without detection. He moved to a new place without suspicion for it. The warrant for the prior house was not sufficiently stale to still be valid under the good faith … Continue reading
CA4: Def’s failure to explain Franks claim means no abuse of discretion in denying motion to suppress
“[W]e agree with the district court that nothing in either motion justified a Franks hearing because, at bottom, Bordeaux did not explain the basis for his multiple assertions of falsity or make a sufficient showing that the officers acting knowingly … Continue reading
HI: Failure to litigate application of Posse Commitatus Act was IAC under state law
Defense counsel was ineffective for not raising the Posse Comitatus Act where his offense was just outside the Pearl Harbor base and the military was the first to respond. Other courts disagree, but the state exclusionary rule shows that there … Continue reading
CA6: Ptfs showed standing for 4A claim over CTRs for cyptocurrency
Plaintiffs showed ripeness and standing for their Fourth Amendment claim over the requirement of cryptocurrency currency transaction reports under 26 U.S.C. § 6050I. Remanded, but taking no position on the claim. Carmen v. Yellen, 2024 U.S. App. LEXIS 20033 (6th … Continue reading
Legal Aid Society: Backyard Privacy in the Age of Drones
EFF: Backyard Privacy in the Age of Drones by Hannah Zhao (“This article was originally published by The Legal Aid Society’s Decrypting a Defense Newsletter on August 5, 2024 and is reprinted here with permission.”):
Texas Observer: Texas State Police Gear Up for Massive Expansion of Surveillance Tech
Texas Observer: Texas State Police Gear Up for Massive Expansion of Surveillance Tech by Francesca D’Annunzio (“In June, the Texas Department of Public Safety (DPS) signed an acquisition plan for a 5-year, nearly $5.3 million contract for a controversial surveillance … Continue reading