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- LATimes: Ex-L.A. County sheriff’s deputy gets prison time for using search warrant for a private client
- Privacy Daily: Chatrie’s Clarification to Fourth Amendment a Win for Privacy, Experts Say
- D.Alaska: Def’s half hour detention was without RS
- CA9: When the PC for SW dissipates, the search must stop; no GFE
- C.D.Cal.: SW for all software in gambling case was overbroad and no GFE
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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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To search Search and Seizure on Lexis.com $ -
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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)
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"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
Reason: ICE Tells Legal Observer, ‘We Have a Nice Little Database, and Now You’re Considered a Domestic Terrorist’
Reason: ICE Tells Legal Observer, ‘We Have a Nice Little Database, and Now You’re Considered a Domestic Terrorist’ by C.J. Ciaramella (“Video taken this [Friday] in Maine shows an Immigration and Customs Enforcement (ICE) officer taking pictures of a legal … Continue reading
E.D.Pa.: The exclusionary rule doesn’t apply to grand jury evidence
Under Calandra (1974), there’s no basis for dismissing an indictment because it might be based on an illegal search. The search was valid anyway because it was based on the consenter’s apparent authority. United States v. Jones, 2026 U.S. Dist. … Continue reading
SC: DNA taken on 2007 arrest didn’t need to be suppressed because he was acquitted back then
Defendant’s DNA was taken when he was charged in 2007 and later acquitted. The DNA sample should not be suppressed because it was lawfully taken at the time. State v. Harrington, 2026 S.C. App. LEXIS 7 (Jan. 21, 2026). Defendant’s … Continue reading
WaPo: As ICE arrests surged, Trump administration sought to cut bodycam program
WaPo: As ICE arrests surged, Trump administration sought to cut bodycam program by Maria Sacchetti (“A string of violent incidents has added fresh urgency to calls for more body-worn cameras. But DHS proposed reducing spending on them in its initial … Continue reading
DC: Detention at park for talking to another person was without RS
Defendant was at a park with his child and he saw someone he knew who he went to and talked to. Police started coming for the other person, so he left him and went back to his child. Then two … Continue reading
S.D.N.Y.: Email SW with “practical accuracy” particular enough
Email warrant was particular enough with “practical accuracy”: “But the Second Circuit has upheld the validity of warrants without the presence of exacting, rigid limitations, noting that the focus is ‘on practical accuracy, as opposed to technical precision.’ United States … Continue reading
CA4: Def’s pants transported from hospital to jail were searched, and inevitable discovery applies
Defendant’s pants were transported from the hospital to the jail, and inevitable discovery covers their search. United States v. Gibbins, 2026 U.S. App. LEXIS 1432 (4th Cir. Jan. 21, 2026). The warrant for five cell phones was executed within the … Continue reading
D.Md.: AG’s admin. investigative demand for improper purpose and quashed; constitutional right of privacy in medical records
The AG issued a subpoena to a hospital for records of adolescent gender affirming care. The subpoena is quashed. The subject has Art. III standing. There is no allegation of a health care offense to support the subpoena. In addition, … Continue reading
MS.now: Federal immigration agents keep shooting at drivers. We tracked 15 cases since July.
MS.now: Federal immigration agents keep shooting at drivers. We tracked 15 cases since July. By David Noriega & Kay Guerrero (“After each shooting, federal agencies claimed the drivers tried to ram agents with their vehicles. But the claim often falls … Continue reading
GA: Cell phone dropped in flight from police was abandoned
Defendant abandoned the cell phone he dropped in flight from the police which he failed to return for. Franklin v. State, 2026 Ga. LEXIS 20 (Jan. 21, 2026).* Defendant filed his first post-conviction claim not mentioning ineffective assistance for not … Continue reading
C.D.Cal.: DHS’s motion for summary judgment denied; L.A. Press Club states cause of action for excessive force against press
The L.A. Press Club’s suit against DHS for excessive force against the press corps can proceed and summary judgment for the defense is denied. “The Court rejects Defendants’ standing and First Amendment arguments for reasons similar to those already articulated … Continue reading
AP: Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says
AP: Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says by Rebecca Santana: Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and … Continue reading
D.Colo.: Large volume of emails can be seized for later narrowing search and still be particular
The email warrant was particular enough. While a large volume of information was provided by Google, it was then particularly searched, and that satisfies Rule 41 and the Fourth Amendment. United States v. Garcia, 2026 U.S. Dist. LEXIS 9434 (D. … Continue reading
UT: State used SW to get defense expert’s computer data; ordered destroyed, but case not dismissed
The state used a search warrant to access the defense expert’s work product in a sex case. The court held hearings and found that the attorney-client work product was not accessed by the state but ordered the data product of … Continue reading
E.D.Mo.: Refusal to promptly ID oneself justified handcuffing during brief investigative detention
Responding to a call, defendant fairly matched the description. When he would not identify himself, it was reasonable to handcuff him for a few minutes while it was sorted out. United States v. Troupe, 2026 U.S. Dist. LEXIS 9010 (E.D. … Continue reading
OH2: Dog handler’s testimony of dog certification was sufficient to show reliability
The dog handler’s testimony that the dog was certified before this sniff was sufficient to show the dog was reliable. State v. Murphy, 2026-Ohio-143 (2d Dist. Jan. 13, 2026). Search warrants can be based on hearsay. Mendenhall v. City & … Continue reading
NY Queens: SW issuing court can narrow time to execute to avoid children at home
The court was asked to issue a search warrant for execution 6 am to 9 pm. The court required 9-2 so children won’t be around. The officer agreed, the ADA did not. This explains why that’s a reasonable restriction. Matter … Continue reading
WI: SnapChat’s view of 16 sec. CSAM video coming through it was private search
SnapChat viewing a 16-second video that came through its system was a private search. It was not unreasonable for officers to view it too without a warrant when SnapChat sent it to the police. Then that led to a warrant … Continue reading