Archives
-
Recent Posts
- FL: Violation of knock-and-announce statute doesn’t require exclusion
- TX3: DUI blood draw while in restraint chair not 4A unreasonable
- TX1: Def has a duty to make his record on PC and the SW; missing affidavit was on him
- N.D.Ala.: SW not invalid because issuing judge previously represented the target
- The Guardian: ‘We should be worried’: report sheds light on ICE’s booming arsenal of hi-tech surveillance tools
-
-
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. 
Category Archives: Consent
Army: Consent to search was mere acquiescence to a claim of authority
Defendant’s consent to search his apartment was obtained after telling him that it was based on the death of his roommate in the parking lot. He was in “custody,” and this was mere acquiescence to a claim of authority. “In … Continue reading →
E.D.Mich.: Even with redactions, SW affidavit shows PC
Redacted search warrant application showed probable cause even with redactions. United States v. Rivers, 2021 U.S. Dist. LEXIS 104195 (E.D. Mich. June 3, 2021). The officer had called for a tow truck for defendant’s car and an inventory was inevitable, … Continue reading →
D.Md.: State’s DoIT owns and controls state computers and can enter computers and offices for access; no REP in state computer
The State of Maryland’s Department of Information Technology owns and controls the computers on its network and has the authority to enter offices to enter computers. Here, child pornography was found. Defendant had no reasonable expectation of privacy in the … Continue reading →
CA9: Body cam video of unreasonable warrantless entry to house should have been suppressed; but harmless
The warrantless entry into defendant’s house and body cam recording of him violated the Fourth Amendment. The other evidence, however, was overwhelming, so was harmless. United States v. Holiday, 2021 U.S. App. LEXIS 15884 (9th Cir. May 27, 2021). Where … Continue reading →
CO: Prescription bottles in car door weren’t subject to plain view search
There was no justification for officers to pull prescription bottles from the door of his car during a traffic stop and manipulate them. Plain view didn’t support the seizure and search because the incriminating nature wasn’t immediately apparent even on … Continue reading →
D.N.J.: Owner of house consented to search of guest’s room
The consenter had control over the entire premises defendant was visiting, and that included the bedroom he was staying in. It was reasonable for the officers to believe he had control over the entire premises. Moreover, defendant didn’t object to … Continue reading →
NY, Bronx: A tracking warrant isn’t an eavesdropping warrant
Defendant had standing to challenge a tracking warrant on his phone despite the state’s claim that wasn’t the cause for his arrest. He was tracked. These were not eavesdropping warrants. “Because the location information provided pursuant to the warrant did … Continue reading →
TX14: Broad consent to search home included surveillance system
A broad consent to search a home includes the surveillance system. Hart v. State, 2021 Tex. App. LEXIS 3784 (Tex. App. – Houston (14th Dist.) May 13, 2021). “Considering that knowledge of the ability to refuse consent is not a … Continue reading →
TX13: Truck mechanic conducted private search of flash drive found in door
Defendant took his pickup truck in for service at the local Ford dealer. While working on the truck, the mechanic found a flash drive in the door pocket and plugged it into the diagnostic laptop plugged into defendant’s truck. Instead … Continue reading →
NY2: Def’s driving over officer’s legs and ankles was attenuated from his alleged illegal stop
Defendant driving over the officer’s legs and ankles was attenuated from his alleged illegal stop. People v. Contreras, 2021 NY Slip Op 03048, 2021 N.Y. App. Div. LEXIS 3144 (2d Dept. May 12, 2021). “The County Court properly found that … Continue reading →
CA9: Going directly into pockets exceeded frisk power
Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021). … Continue reading →
IL: ER blood draw was private search, and results were obtainable by process
Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading →
E.D.N.C.: Nexus can be established by inference
Nexus may be established by inference and not direct evidence. United States v. White, 2021 U.S. Dist. LEXIS 85454 (E.D. N.C. Mar. 17, 2021). Plaintiff was arrested and charged with two misdemeanors. Probable cause for one mooted consideration of the … Continue reading →
PA: Asking for consent while DL and registration in hand unreasonably extended stop
Defendant’s alleged excessive nervousness during a traffic stop caused the officer to have him get out of the car after the warrant check came back clean. He had defendant’s DL and registration in hand when he asked for consent, and … Continue reading →
CA10: Def’s father’s consent to enter house was voluntary
Defendant’s father consented to officers’ entry into their house, so defendant’s Fourth Amendment rights were not violated. United States v. Guillen, 2021 U.S. App. LEXIS 12468 (10th Cir. Apr. 27, 2021). “While Artola putting his arm into Wheeler’s car may … Continue reading →
AZ: Failure to include SW and affidavit in record for appeal is waiver
Defendant waived the Fourth Amendment claim about the search of his blood by not including the search warrant and its application in the appellate record. It is thus presumed to support the trial court’s decision. State v. Gomez, 2021 Ariz. … Continue reading →
OH4: Criminal investigation’s SW production was admissible in child dependency proceeding
A search warrant produced drug evidence admissible in a dependency and neglect proceeding, and that supported the finding. In re J.M., 2021-Ohio-1415, 2021 Ohio App. LEXIS 1376 (4th Dist. Apr. 19, 2021). Defendant’s son “posted a video on the internet” … Continue reading →
D.Idaho: Def’s available suppression remedy supplants Rule 41(g) motion seeking to quash SW
Defendant filed a Rule 41(g) motion for return of property that also sought to quash a search warrant. He has the remedy in his criminal case. Purbeck v. Wilkinson, 2021 U.S. Dist. LEXIS 76412 (D. Idaho Apr. 21, 2021). The … Continue reading →
C.D.Cal.: Delayed first appearance 4A claim should be brought by habeas not § 1983
Plaintiff’s claim he did not receive his first appearance within 48 hours should have been brought by habeas under 28 U.S.C. § 2254 not a § 1983 action. Young v. Levert, 2021 U.S. Dist. LEXIS 76021 (C.D. Cal. Apr. 20, … Continue reading →
N.D.Okla.: SW for Native American lands issued by state court judge that may be invalid under McGirt v. Oklahoma is saved by GFE
A state search warrant for Native American lands that later may be invalid because it was not issued by a tribal or federal court under McGirt v. Oklahoma is saved by the good faith exception. United States v. Hamett, 2021 … Continue reading →