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- CA7: Scrolling through def’s cell phone was a reasonable border search
- E.D.Ark.: Bivens not extended to knock-and-announce violation and shooting; FTCA applies instead
- D.Mont.: This ping warrant was based on PC and was not governed by Chatrie
- KY: Unrelated questions during ongoing traffic stop didn’t extend it under Rodriguez
- TX1: Defendant had no REP in a package of drugs he never possessed and on another person
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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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General (many free):
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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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"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. 
Category Archives: Privileges
GA: Failure to bring up record of suppression hearing held instead in a connected case was waiver
Defendant was charged under indictment 1 and had a suppression hearing. He was reindicted in indictment 2 and went to trial in that case. When he appealed, the record of conviction under indictment 2 came up for appeal and no … Continue reading
ABAJ: Inmate wins [pretrial] release after jail recorded hundreds of attorney-client calls
ABAJ: Inmate wins release after jail recorded hundreds of attorney-client calls by Stephanie Francis Ward:
TX14: Client had standing to object to seizure of her files from her attorney’s office for his misapplication of her fee into trust account
A search warrant was executed on a divorce lawyer’s office for some client files after a $75,000 retainer was paid into the IOLTA account which had a -$49,000 balance. The district court erred in holding the client had no standing … Continue reading
W.D.N.Y.: Getting def to unlock his phone wasn’t unreasonable because the SIM card would have been forensically searched later anyway
It was reasonable for POs to search defendant’s unapproved cell phone without a search warrant as a probation search. Making him use his face or get the password to unlock the phone was not unreasonable because the contents of the … Continue reading
NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration
NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration (“‘End-to-end encryption’ has gone mainstream, which means tech companies can’t decrypt messages even when law enforcement has a warrant. The Trump administration says that’s taking privacy too far.”)
SSRN: Decryption Originalism: The Lessons of Burr
SSRN: Decryption Originalism: The Lessons of Burr by Orin S. Kerr. Abstract:
CA3: Civil contempt for failing to provide password to computers and other devices for search was limited to 18 months
Petitioner has been held for three years for civil contempt for failure to provide encryption data for his computer and other devices so they could be searched under a warrant. The punishment for civil contempt can’t exceed the life of … Continue reading
MI: Civil discovery must comply with the 4A; here a cell phone search
Civil discovery must comply with the Fourth Amendment. Here, there was an order to turn over a cell phone for forensic evaluation, and it was essentially based on probable cause. Attorney-client privilege must also be protected. Martin v. Martin, 2020 … Continue reading
Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules
Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules by Brendan Parets:
Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception
Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception by Leonard Deutchman (“In this month’s article, I will review Davis and discuss its reasoning and what the foregone conclusion exception, in the age of computer passwords, tells us about … Continue reading
The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor?
The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor? by Frank Ready (“Apple once again finds itself in the crosshairs of another encryption debate, but placing constant pressure on the company and other tech giants may … Continue reading
NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected
NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected by Suzette Parmley (“The case ‘could cause the court to diverge on constitutional amendments’ and have a seminal impact, Justice Barry Albin said during the arguments at the Richard … Continue reading
Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails
Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:
E.D.Mich.: USAO taint team rejected in federal death penalty case; a master will be appointed
In a federal death case, the court adopts the Sixth Circuit’s rejection of a USAO’s taint team handling and reviewing prison phone calls. United States v. Castro, 2020 U.S. Dist. LEXIS 7435 (E.D. Mich. Jan. 16, 2020):
NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones?
NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones? By Jack Nicas (“There are tools to crack into the phones at the center of a new dispute over encryption. But the F.BI. says it still needs Apple’s aid.”)
NPR: Decrypting The Decryption Dilemma
NPR: Decrypting The Decryption Dilemma (1A, one hour, “Should the government be able to access the locked phones of convicted or accused criminals? That issue has cropped up again after the FBI asked Apple to provide data on two iPhones … Continue reading
The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets?
The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets? (“Consider these issues to maintain privilege and confidentiality during international travel.”)
NYTimes: Apple Takes a (Cautious) Stand Against Opening a Killer’s iPhones
NYTimes: Apple Takes a (Cautious) Stand Against Opening a Killer’s iPhones By Jack Nicas and Katie Benner (“The Silicon Valley giant is preparing for a legal fight over encryption, even as it works to reduce tensions with the Justice Department.”)
Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails
Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:
NJ: Civil forfeiture answer can’t be used against a criminal defendant under Garrity
A defendant’s answers in a civil forfeiture action cannot be introduced in a parallel criminal proceeding under the authority of Garrity v. New Jersey. Here, however, it proves to be harmless error. State v. Melendez, 2020 N.J. LEXIS 2 (Jan. … Continue reading