Archives
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Recent Posts
- W.D.N.Y.: No due process right to adversarial hearing before issuance of a DNA warrant
- E.D.Wis.: Lifetime GPS monitoring of some sex offenders traveling out of state doesn’t violate 4A
- CA9: With a SW for a murder weapon, a frisk of the occupants is reasonable
- W.D.Mich.: Drug dealers commonly keep proceeds and drugs at home, and that’s nexus
- OH8: For Rodriguez purposes, checking out-of-state DLs just takes longer
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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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To search Search and Seizure on Lexis.com $ -
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Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
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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
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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
E.D.Wis.: CI’s only nonpublic fact wasn’t corroborated, so no RS
The tipster provided only easily known public information, but for the fact defendant sat in his car and smoked marijuana during his lunch breaks. Police watched him and he didn’t do that. Because the police never corroborated the one observable … Continue reading
TN: CI’s tale def was coming to apartment complex to do a drug deal was corroborated by him showing up and apparently doing a drug deal
The CI’s information defendant would be delivering crack cocaine to a specific apartment complex and an officer’s personal observations of defendant arriving there and engaging in what appeared to be a drug deal were sufficient to create reasonable suspicion to … Continue reading
OH5: Where motion to suppress was actually pursued as a motion in limine, appeal after conditional plea fails
Defendant’s motion to suppress was cast as a motion in limine that the police officers should be barred from testifying because their police car wasn’t properly marked. The trial court denied the motion and defendant conditionally pled. He can’t appeal … Continue reading
OR: Stuff left in a crashed and abandoned stolen truck had no REP
Defendant had no reasonable expectation of privacy in containers he left fleeing from a stolen truck. State v. Stubblefield, 279 Ore. App. 483, 2016 Ore. App. LEXIS 928 (July 20, 2016). The officer smelled burnt marijuana during his stop of … Continue reading
TX13: Arrest on outstanding warrants doesn’t justify search incident of car
When defendant was arrested on outstanding warrants, his car was not subject to search incident. State v. Sanchez, 2016 Tex. App. LEXIS 7712 (Tex. App. – Corpus Christi – Edinburg July 21, 2016). “[T]he clearly established law in existence in … Continue reading
W.D.Ohio: Factual basis for stop overcomes pretext
There was a factual basis for the stop, so the pretext argument fails. United States v. Diaz-Cordova, 2016 U.S. Dist. LEXIS 91591 (N.D.Ohio July 14, 2016). It appears that the U.S. Marshals had objectively reasonable belief that defendant was where … Continue reading
NPR: To Reduce Bias, Some Police Departments Are Rethinking Traffic Stops
NPR: To Reduce Bias, Some Police Departments Are Rethinking Traffic Stops by Jeff Cohen:
Fusion: Police asked this 3D printing lab to recreate a dead man’s fingers to unlock his phone
Fusion: Police asked this 3D printing lab to recreate a dead man’s fingers to unlock his phone by Rose Eveleth: So instead of asking the company that made the phone to grant them access, they’re going another route: having the … Continue reading
N.D.Cal.: Listening devices in a public place overcame any reasonable expectation of privacy; 1984 was not just a book — it’s here
The FBI planted recording devices outside two courthouses in Northern California to catch conversations on the street between their targets. The devices were planted in a light fixture, a bus stop, and on a parked vehicle. The court finds no … Continue reading
NJ: Heien reasonable mistake doesn’t apply to an unambiguous statute
Defendant was parked with high beams on on a one way street. The statute unambiguously says that it was not a violation unless there was an oncoming vehicle, and being on a one way street or an officer on foot … Continue reading
TN: Not filing motion to suppress was best strategy to disassociate from house searched by not having to show standing
Defense counsel’s refusal to file a motion to suppress the search of the place defendant was found in was reasonable strategy to separate defendant from the drugs found in the house. To seek to suppress the search, defendant would have … Continue reading
CA7: Ptf stated cause of action for illegal search and false arrest
Plaintiff ran a dog-grooming business and rescue shelter. One dog was overly aggressive and killed another dog, and another became gravely ill after whelping a litter. He took the dogs to Chicago animal control, and they ended up arresting him … Continue reading
Cal.1st: Juvenile’s electronic search probation condition was shown justified by his circumstances
It was proper to impose an electronic search probation condition on a minor, even though it was not related to his burglary offense, because it was reasonably related to deterring future criminality. It allowed probation officers to monitor the minor’s … Continue reading
WA: Fisherman being ticketed for snagging fish asked about gun in car was not subject to protective weapons search
“Law enforcement need not obtain a warrant prior to conducting a protective vehicle search, so long as there is reasonable suspicion a suspect is dangerous and may gain immediate control of weapons. We are confronted with whether a suspect’s potential … Continue reading
CA2: Exclusionary rule applies to civil forfeiture cases and govt’s civil discovery
In a forfeiture action against a NYC office building and several other buildings because one of the corporate owners was a front for the Iranian government, the Second Circuit held that “The Fourth Amendment’s exclusionary rule applies in civil forfeiture … Continue reading
Noticed that there are fewer postings? Working on the 2016 supplement
Not to mention 140 hours on an Eighth Circuit brief filed two weeks ago.