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- VA: Body cam video of valid arrest would not be suppressed
- NM: Trial court’s finding of consent is reversed because the court engaged in its own internet investigation beyond what the parties provided
- Reason: No Warrant, No Suspicion, No Problem: Flock and Border Cellphone Searches Excluded From 4th Amendment Rules
- Reason: Flock’s Gunfire Alerts Raise a New Fourth Amendment Question
- N.D.Ohio: Car in driveway was on curtilage and plain view prohibited
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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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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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--Electronic Communications Privacy Act (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. 
Category Archives: Exclusionary rule
VA, concurring: State statute may provide exclusion where 4A doesn’t
The prior appeal was law of the case on application of exigent circumstances to justify the search. Campbell v. State, 294 Va. 486, 807 S.E.2d 735 (2017). On remand, defendant claimed another version of how the search was invalid because, … Continue reading
D.Kan.: Arrest for possession of cash wasn’t even reasonably valid under state law; exclusionary rule applies in federal court
Defendant was stopped, and the officer gave a warning. He continued asking questions which led to a consent search finding cash. The officer then arrested defendants for possession of the proceeds of a drug transaction. Only there were no probable … Continue reading
OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]
Police got a call about a man wielding a sword, and they stopped defendant. There was probable cause for him possessing a concealed long sword [how?]. Even if the officer was wrong, it wasn’t really wrong. “Short contends that Officer … Continue reading
KS: Warning officers about self-incrimination at suppression hearing deterrent enough; no exclusion
Kansas police officers can go outside their jurisdiction when requested to do so. Kansas statute implies an exclusionary remedy. Here, the officers appear to have violated the statute, but the district court warned the officers against self-incrimination at the hearing … Continue reading
CA2: In removal proceedings, pet’rs made a prima facie case of egregious 4A violation; remanded
“In removal proceedings before the IJ, both petitioners moved to suppress the evidence obtained during the search, arguing that the search violated the Fourth Amendment because it was conducted without a warrant, consent, or exigent circumstances, and, even assuming the … Continue reading
DE holds that exclusionary rule doesn’t apply to probation revocations
The exclusionary rule does not apply to probation revocation proceedings. No federal case holds to the contrary. Thompson v. State, 2018 Del. LEXIS 346 (July 24, 2018). The city’s administrative warrants for petitioner’s dilapidated buildings were properly issued. By statute, … Continue reading
D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial
Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading
WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed
Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading
D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case
“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading
NY3: No exigency justified this entry; exclusionary rule applies in NY probation revo proceedings
There was no emergency basis for entry into defendant’s apartment, a probationer. The police understood that another person might be there who they were curious about. Still, there was no justification for the warrantless entry with gun drawn at midnight. … Continue reading
CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied
A Tornado bus was stopped in Arkansas, and the Arkansas State Trooper was looking for unmarked bags that could be considered abandoned because unmarked bags on Tornado buses were being used to ferry drugs. While searching the bag, the officer … Continue reading
N.D.Cal.: Def’s parole search on erroneous dispatch report def was on parole means no exclusion under Herring
Defendant was stopped for a traffic offense, and dispatch said he was on parole which meant he was subject to search. He wasn’t on parole, but the officer’s good faith reliance on the dispatch report under Herring means no suppression. … Continue reading
D.Mont.: Exclusionary rule doesn’t apply to sentencing
“Rankin claimed counsel should have sought to suppress some of the evidence used at sentencing, but the exclusionary rule does not apply at sentencing.” United States v. Rankin, 2018 U.S. Dist. LEXIS 100129 (D. Mont. June 15, 2018). The affidavit … Continue reading
VA: Stop outside officer’s jurisdiction not subject to suppression
Defendant was seen speeding by a VMI police officer who followed him. The actual stop was off the campus. There was probable cause for the stop and arrest, and, even if the officer was outside his jurisdiction, suppression is not … Continue reading
W.D.Ky.: Backup officer to traffic stop immediately used drug dog, and that wasn’t unreasonable
Defendants’ failure to stop at stop signs was justification for the stop. A backup officer with a drug dog did a dog sniff around the car while the basic stuff of the traffic stop was being done. This did not … Continue reading
N.D.Ga.: No suppression remedy for alleged HIPAA violation by police
“Moreover, although Defendant initially responded to Kinser’s request for consent by stating, ‘You’re going to do what you’re going to do’ (Tr. 45), Kinser did not then begin searching his car. Instead, Kinser again asked for Defendant’s consent (id.), thus … Continue reading
W.D.Tex.: In CA5, a person’s identity and nationality is not subject to the exclusionary rule
In the Fifth Circuit, a person’s identity and nationality is not subject to the exclusionary rule. United States v. Meza-Gonzalez, 2018 U.S. Dist. LEXIS 63254 (W.D. Tex. Apr. 16, 2018). Defendant fails on the second prong of Franks: excising the … Continue reading
MI: Exclusionary rule doesn’t apply in child protective proceedings
The exclusionary rule does not apply in child protective proceedings. In re Kirschner, 2018 Mich. App. LEXIS 1093 (Apr. 3, 2018):
D.R.I.: Delay in getting cell phone SW as attributed to parties’ settlement discussions
The delay in getting a search warrant for defendant’s cell phones was caused in part by the parties’ negotiations over pre-indictment resolution, and it was reasonable. United States v. Boudreau, 2018 U.S. Dist. LEXIS 48686 (D. R.I. Mar. 24, 2018).* … Continue reading