Archives
-
Recent Posts
- 404 Media: Flock: LAPD Regularly Pulled Over Innocent People Because License Plate Readers Flagged Their Cars As Stolen
- CA6: Despite two guns being suppressed from arrest on bare-bones arrest affidavit, third gun was later validly seized by independent source
- D.Md.: Govt’s motion to reconsider granted motion to suppress denied; arguments now are too late
- CA4: Cell phone non-forensic border search doesn’t require individualized suspicion
- ND: Probation search of cell phone was reasonable
-
-
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: fourth
SC: GPS tracking was unreasonable, but police were following and saw a traffic violation and decided to stop
b2evALnk.b2WPAutP Continue reading
Comments Off on SC: GPS tracking was unreasonable, but police were following and saw a traffic violation and decided to stop
MA: Defendant’s suspicious conduct while getting dressed after arrest led to valid search under mattress for gun
b2evALnk.b2WPAutP Continue reading
Comments Off on MA: Defendant’s suspicious conduct while getting dressed after arrest led to valid search under mattress for gun
WA: No expectation of privacy in a bar’s public area
b2evALnk.b2WPAutP Continue reading
Comments Off on WA: No expectation of privacy in a bar’s public area
N.D.Cal.: Revised parole condition under CA law didn’t mention searches, and that was binding on PO
b2evALnk.b2WPAutP Continue reading
Comments Off on N.D.Cal.: Revised parole condition under CA law didn’t mention searches, and that was binding on PO
D.Alaska: Lack of a Miranda warning did not make the consent invalid
b2evALnk.b2WPAutP Continue reading
Comments Off on D.Alaska: Lack of a Miranda warning did not make the consent invalid
E.D.Va.: SW that mentioned no persons did not permit a search of persons found on the premises
b2evALnk.b2WPAutP Continue reading
Comments Off on E.D.Va.: SW that mentioned no persons did not permit a search of persons found on the premises
MI: Common law rule on resisting unlawful police entry into the home not abrogated
b2evALnk.b2WPAutP Continue reading
Comments Off on MI: Common law rule on resisting unlawful police entry into the home not abrogated
VT: HIV testing in sex cases reasonable under special needs exception
b2evALnk.b2WPAutP Continue reading
Comments Off on VT: HIV testing in sex cases reasonable under special needs exception
W.D.N.Y.: One has standing to challenge a search of stuff left with another during incarceration
b2evALnk.b2WPAutP Continue reading
Comments Off on W.D.N.Y.: One has standing to challenge a search of stuff left with another during incarceration
C.D.Cal.: One defendant had no standing in search of codefendant’s cell phone
b2evALnk.b2WPAutP Continue reading
Comments Off on C.D.Cal.: One defendant had no standing in search of codefendant’s cell phone
CA8: Objectively reasonable mistake as to identity still supported stop
b2evALnk.b2WPAutP Continue reading
Comments Off on CA8: Objectively reasonable mistake as to identity still supported stop
MO: REP in cell phone provider records protects them from overbroad investigative subpoena
b2evALnk.b2WPAutP Continue reading
Comments Off on MO: REP in cell phone provider records protects them from overbroad investigative subpoena
GA: If impoundment could be avoided by passenger taking the car, it should
b2evALnk.b2WPAutP Continue reading
Comments Off on GA: If impoundment could be avoided by passenger taking the car, it should
MA: Anonymous crime reporter’s statement akin to an “excited utterance” could be credited
b2evALnk.b2WPAutP Continue reading
Comments Off on MA: Anonymous crime reporter’s statement akin to an “excited utterance” could be credited
E.D.N.Y.: Plaintiff can amend complaint to allege strip search at station house
b2evALnk.b2WPAutP Continue reading
Comments Off on E.D.N.Y.: Plaintiff can amend complaint to allege strip search at station house
MA: Host could not consent to search of guest’s bag in bedroom
b2evALnk.b2WPAutP Continue reading
Comments Off on MA: Host could not consent to search of guest’s bag in bedroom
OR: Merely giving somebody the keys to a vehicle to lock it and check on a dog is not joint control for purposes of granting consent
b2evALnk.b2WPAutP Continue reading
Comments Off on OR: Merely giving somebody the keys to a vehicle to lock it and check on a dog is not joint control for purposes of granting consent
W.D.Okla.: Standard for a stop is RS, not PBRD
b2evALnk.b2WPAutP Continue reading
Comments Off on W.D.Okla.: Standard for a stop is RS, not PBRD
N.D.Cal.: LinkedIn not a remote computing service and does not provide electronic communication services, so it can’t be sued under SCA
b2evALnk.b2WPAutP Continue reading
Comments Off on N.D.Cal.: LinkedIn not a remote computing service and does not provide electronic communication services, so it can’t be sued under SCA
M.D.Pa.: Motion for return of property where the government needs it as evidence denied
b2evALnk.b2WPAutP Continue reading
Comments Off on M.D.Pa.: Motion for return of property where the government needs it as evidence denied